l distress which may be regarded as inevitably caused to relatives of a victim of a serious human rights violation. Relevant elements will include the proximity of the family tie, the particular circumstances of the relationship, the extent to which the family member witnessed the events in question, the involvement of the family member in the attempts to obtain information about the disappeared person and the way in which the authorities responded to those enquiries. The Court would further emphasise that the essence of such a violation does not mainly lie in the fact of the "disappearance" of the family member but rather concerns the authorities' reactions and attitudes to the situation when it is brought to their attention. It is especially in respect of the latter that a relative may claim directly to be a victim of the authorities' conduct (see Orhan, cited above, § 358, and Imakayeva, cited above, § 164).
97. On the facts, the Court observes that the person who went missing in the present case was the first applicant's son and the second applicant's brother. The second applicant witnessed his being apprehended. It has now been over five years since the applicants have had any news of their relative. The applicants' distress during this period is attested by their numerous efforts to prompt the authorities to act, as well as by their own attempts to search for their relative. The Court further refers to its above findings regarding the shortcomings in the investigation. In particular, it considers that delays in granting the applicants the status of victim of a crime and in allowing them access to the case file, and the lack of information about the investigation throughout the proceedings, are elements that contributed to their suffering. It follows that the applicants' uncertainty about their relative's fate was aggravated by the fact that they were denied the opportunity to monitor the progress of the investigation.
98. The Court therefore finds that the applicants suffered distress and anguish as a result of their relative's disappearance and of their inability to find out what had happened to him or to receive up-to-date and exhaustive information on the investigation. The manner in which the applicants' complaints have been dealt with by the authorities must be considered to constitute inhuman treatment contrary to Article 3 of the Convention.
99. In the light of the foregoing, the Court finds that there has been a violation of Article 3 of the Convention on that account.
IV. Alleged violation of Article 5 of the Convention
100. The applicants complained that the provisions of Article 5 of the Convention as a whole, relating to the lawfulness of detention and guarantees against arbitrariness, had been violated in respect of Isa Zaurbekov. Article 5, in its relevant parts, provides as follows:
"1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
...
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;
...
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarant
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