mber of similar cases that this procedure alone cannot be regarded as an effective remedy in the context of claims brought under Article 2 of the Convention (see Khashiyev and Akayeva v. Russia, Nos. 57942/00 and 57945/00, §§ 119 - 121, 24 February 2005, and Estamirov and Others, cited above, § 77). In the light of the above, the Court confirms that the applicants were not obliged to pursue civil remedies. The preliminary objection in this regard is thus dismissed.
84. As regards criminal law remedies, the Court observes that the applicants complained to the law enforcement authorities after the detention of Leoma Meshayev and Bislan Saydayev and that an investigation is still pending. The applicants and the Government dispute the effectiveness of this investigation.
85. The Court considers that this limb of the Government's preliminary objection raises issues concerning the effectiveness of the criminal investigation which are closely linked to the merits of the applicants' complaints. Thus, it considers that these matters fall to be examined below under the substantive provisions of the Convention.
II. The court's assessment of the evidence
and the establishment of the facts
A. The parties' arguments
86. The applicants maintained that it was beyond reasonable doubt that the men who had intruded into their homes and taken away Leoma Meshayev and Bislan Saydayev had been State agents. Their two relatives had been detained on the same night in identical circumstances by servicemen who had been carrying out a security operation. Military vehicles had been seen on the night in question in the village. Moreover, the men had arrived late at night, which indicated that they were able to circulate freely during the curfew. Since their relatives had been missing for a very lengthy period of time, they could be presumed dead. That presumption was further supported by the circumstances in which they had been arrested, which should be recognised as life-threatening. The applicants also pointed out that the ground for the Government's refusal to submit the file in criminal case No. 34002 was that it contained "information of a military nature disclosing the location and nature of actions by military and special security forces".
87. The Government submitted that on 17 December 2002 unidentified armed masked men in camouflage uniforms had abducted Leoma Meshayev and Bislan Saydayev from their homes. The investigation into the incident had been pending, but there was no evidence that the men had been State agents and there were therefore no grounds for holding the State liable for the alleged violations of the applicants' rights. They further argued that there was no convincing evidence that the applicants' relatives were dead, given that their whereabouts had not been established and their bodies had not been found. The Government further noted that one of the main arguments all the applicants had used to allege State responsibility for the abduction of their relatives had been the fact that the abductors had worn camouflage uniforms and used automatic weapons. The Government informed the Court, however, that camouflage uniforms similar to that used by servicemen were freely available for purchase all over Russia. The applicants had been unable to identify any specific insignia or other features on the uniforms and masks of the abductors to show that the abductors were indeed servicemen on duty. The Government also suggested that the crime could have been committed by members of illegal armed groups and referred to several cases in Chechnya of crimes being committed with the help of illegally obtained uniforms and forged documents.
88. The Government also questioned the credibility of the applicants' statements about the circumstances in which their relatives had been detained and how they
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