e permits it to establish to the requisite standard of proof that Beslan, Rizvan, Rizavdi and Shuddi Dolsayev must be dead following their unacknowledged detention by State servicemen.
III. Alleged violation of Article 2 of the Convention
99. The applicants complained under Article 2 of the Convention that their relatives had disappeared after having been detained by Russian servicemen and that the domestic authorities had failed to carry out an effective investigation into the matter. Article 2 reads:
"1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection."
A. The parties' submissions
100. The Government requested the Court to dismiss the complaint as manifestly ill-founded and contended that the domestic investigation had obtained no evidence that Beslan, Rizvan, Rizavdi and Shuddi Dolsayev were dead or that any servicemen of the federal law-enforcement agencies had been involved in their kidnapping or alleged killing. The Government claimed that the investigation into the kidnapping of the applicants' relatives met the Convention requirement of effectiveness, as all measures envisaged in national law were being taken to identify the perpetrators. In particular, they pointed out that the investigation had been opened within the ten-day time-frame prescribed by the provisions of the Code of Criminal Procedure.
101. The applicants argued that Beslan, Rizvan, Rizavdi and Shuddi Dolsayev had been detained by State servicemen and should be presumed dead in the absence of any reliable news of them for several years. The applicants also argued that the investigation had not met the requirements of effectiveness and adequacy, as required by the Court's case-law on Article 2. The applicants pointed out that the district prosecutor's office had failed to take a number of crucial investigative steps, such as a crime scene examination (see paragraphs 29, 65, 67 and 79 above), or that it had taken them only after the communication of the application to the respondent Government. The investigation into Beslan, Rizvan, Rizavdi and Shuddi Dolsayev's kidnapping had been opened nine days after the events and had then been suspended and resumed a number of times, thus delaying the taking of the most basic steps, and the applicants had not been properly informed of the most important investigative measures. The fact that the investigation had been pending for almost six years without producing any known results was further proof of its ineffectiveness. The applicants invited the Court to draw conclusions from the Government's unjustified failure to submit the documents from the case file to them or to the Court.
B. The Court's assessment
1. Admissibility
102. The Court considers, in the light of the parties' submissions, that the complaint raises serious issues of fact and law under the Convention, the determination of which requires an examination of the merits. The complaint under Article 2 of the Convention must therefore be declared admissible.
2. Merits
(a) Alleged violation of the right to life of Beslan, Rizvan, Rizavdi and Shuddi Dolsayev
103. The Court reiterates that A
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