her son's detention had not satisfied any of the conditions set out in Article 5 of the Convention, had had no basis in national law and had not been in accordance with a procedure established by law or been formally registered.
87. In the Government's submission, there was no evidence to confirm that the applicant's son had been detained in breach of the guarantees set out in Article 5 of the Convention. Adam Ayubov was not listed among the persons being kept in detention centres, and there was no information that any decision to remand him in custody had ever been taken. According to the Chechen Department of the Federal Security Service, no special operations had ever been carried out in his respect.
88. The Court has frequently emphasised the fundamental importance of the guarantees contained in Article 5 for securing the rights of individuals in a democracy to be free from arbitrary detention at the hands of the authorities. In that context, it has repeatedly stressed that any deprivation of liberty must not only have been effected in conformity with the substantive and procedural rules of national law but must equally be in keeping with the very purpose of Article 5, namely to protect the individual from arbitrary detention. To minimise the risks of arbitrary detention, Article 5 provides a corpus of substantive rights intended to ensure that the act of deprivation of liberty is amenable to independent judicial scrutiny and secures the accountability of the authorities for that measure. The unacknowledged detention of an individual is a complete negation of these guarantees and discloses a most grave violation of Article 5 (see, among other authorities, {Cakici}, cited above, § 104).
89. It has been established above that Adam Ayubov was detained on 19 January 2000 by State agents and has not been seen since. His detention was not acknowledged, was not logged in any custody records and there exists no official trace of his subsequent whereabouts or fate. In accordance with the Court's practice, this fact in itself must be considered a most serious failing, since it enables those responsible for an act of deprivation of liberty to conceal their involvement in a crime, to cover their tracks and to escape accountability for the fate of a detainee. Furthermore, the absence of detention records, noting such matters as the date, time and location of detention and the name of the detainee as well as the reasons for the detention and the name of the person effecting it, must be seen as incompatible with the very purpose of Article 5 of the Convention (see Orhan, cited above, § 371).
90. The Court further considers that the authorities should have been alert to the need to investigate more thoroughly and promptly the applicant's complaints that his son had been detained and taken away in life-threatening circumstances. However, the Court's findings above in relation to Article 2, and in particular the conduct of the investigation, leave no doubt that the authorities failed to take prompt and effective measures to safeguard Adam Ayubov against the risk of disappearance.
91. Consequently, the Court finds that Adam Ayubov was held in unacknowledged detention in complete disregard of the safeguards enshrined in Article 5, and that this constitutes a particularly grave violation of his right to liberty and security enshrined in Article 5 of the Convention.
IV. Alleged violation of Article 13 of the Convention
92. The applicant complained that he had had no effective remedies in respect of his complaints under Articles 2 and 5 of the Convention and Article 1 of Protocol No. 1, contrary to Article 13 of the Convention, which reads as follows:
"Everyone whose rights and freedoms as set forth in [the] Convention are violated shall have an effective remedy before a national authority notwithstanding that the
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