ugh the Government stated that there was no evidence of Mr Medov's unlawful detention and that he had not been held in any detention facilities, they did not dispute that he had been deprived of his liberty by force. She further contended that her husband's detention did not fall into any of the exceptions provided for by Article 5 § 1 of the Convention. Moreover, although he had been detained by State agents, she had never been provided with any information about his whereabouts and, therefore, his detention should be regarded as unacknowledged.
121. The Government submitted that there was no evidence that Mr Medov had been deprived of his liberty in violation of Article 5 of the Convention. In particular, he had not been detained in detention facilities for suspects or for persons under administrative arrest.
122. The Court has previously noted the fundamental importance of the guarantees contained in Article 5 in securing the right of individuals in a democracy to be free from arbitrary detention (see Kurt v. Turkey, judgment of 25 May 1998, Reports of Judgments and Decisions 1998-III, § 122). It notes, however, that the present complaint does not relate to the applicant's husband's detention at the Sunzhenskiy ROVD on 17 June 2000, after he had been brought there together with his captors, but to the deprivation of his liberty by the latter.
123. The Court recalls that it has not found it established that Mr Medov was abducted by State agents. It reiterates, however, that the first sentence of Article 5 § 1 of the Convention must be construed as laying down a positive obligation on the State to protect the liberty of its citizens (see Storck v. Germany, No. 61603/00, § 102, ECHR 2005-V). The Court considers that, in the circumstances of the present case, there are no reasons to consider the scope of the State's positive obligation under Article 5 of the Convention to protect Mr Medov from arbitrary deprivation of liberty to be different from that under Article 2 of the Convention to protect his life (see paragraphs 97 - 100 above).
124. The Court further notes that in paragraph 100 above it found that while Mr Medov, K. and their captors were within the control of the authorities, the failure of the latter to prevent the commission of the offence was incompatible with the State's positive obligation under Article 2 of the Convention. Likewise, it considers that the authorities' failure to put an end to Mr Medov's arbitrary deprivation of liberty while they had every means of doing so constituted a breach of the State's positive obligation under Article 5 of the Convention.
125. Therefore, the Court finds that the State failed to comply with its positive obligation under Article 5 of the Convention to protect the liberty of Mr Adam Medov.
VI. Alleged violation of Article 13 of the Convention
126. The applicant complained under Article 13 of the Convention that she had had no effective remedies in respect of the alleged violations of the Convention. Article 13 of the Convention 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 violation has been committed by persons acting in an official capacity."
127. The applicant contended, firstly, that the investigation into her husband's disappearance was ineffective. Secondly, she pointed out that she had applied to domestic courts with complaints concerning the investigator's inactivity, but they had failed to address her arguments properly.
128. The Government averred that the applicant had had effective domestic remedies, as required by Article 13 of the Convention, and that the Russian authorities had not prevented her from using those remedies. In particular, she had been g
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