ssion of the relevant documentation and fail to submit it. Where the applicant makes out a prima facie case and the Court is prevented from reaching factual conclusions owing to the lack of such documents, it is for the Government to argue conclusively why the documents in question cannot serve to corroborate the allegations made by the applicants, or to provide a satisfactory and convincing explanation of how the events in question occurred. The burden of proof is thus shifted to the Government and if they fail in their arguments, issues will arise under Article 2 and/or Article 3 (see {Togcu} v. Turkey, No. 27601/95, § 95, 31 May 2005, and Akkum and Others v. Turkey, No. 21894/93, § 211, ECHR 2005-II).
63. The Court notes that despite its requests for a copy of the investigation file into the kidnapping of Aslanbek Khamzayev, the Government produced no documents from the file on the grounds that they were precluded from doing so by Article 161 of the Code of Criminal Procedure. The Court observes that in previous cases it has found this explanation insufficient to justify the withholding of key information requested by the Court (see Imakayeva v. Russia, No. 7615/02, § 123, ECHR 2006-... (extracts)).
64. The Court has found the Russian State authorities responsible for extra-judicial executions or disappearances of civilians in the Chechen Republic in a number of cases, even in the absence of final conclusions from the domestic investigation (see Khashiyev and Akayeva, cited above; Luluyev and Others v. Russia, No. 69480/01, ECHR 2006-... (extracts); Estamirov and Others, cited above; and Baysayeva v. Russia, No. 74237/01, 5 April 2007). It has done so primarily on the basis of witness statements and other documents attesting to the presence of military or security personnel in the area concerned at the relevant time. It has relied on references to military vehicles and equipment, on witness accounts, on other information on security operations and on the undisputed effective control of the areas in question by the Russian military. On that basis, it has concluded that the areas in question were "within the exclusive control of the authorities of the State" in view of military or security operations being conducted there and the presence of servicemen (see, mutatis mutandis, Akkum v. Turkey, cited above, § 211, and Zubayrayev v. Russia, No. 67797/01, § 82, 10 January 2008).
65. However, in the present case the Court has little evidence on which to draw such conclusions as the account of the events made by the applicants on the basis of the witnesses' submissions is rather disjointed.
66. First, neither the applicants nor any other witnesses have ever stated that they saw Aslanbek Khamzayev being arrested by armed men and placed in an APC or other military vehicle. On the contrary, Ms Yu. informed the investigators that she had observed her nephew while his identity papers were being checked and that later he had arrived at her home (see paragraph 33 above). It follows that the servicemen carrying out the identity check decided not to arrest Aslanbek Khamzayev on the spot.
67. Secondly, it is noteworthy that the witnesses' statements regarding certain facts made before the investigators and the Court differ substantially, if not drastically. Moreover, the fact that the confusion over the date of the incident persisted throughout the witnesses' statements from August 2002 until August 2007 (see paragraphs 31 - 39 above) also gives reasons to doubt the coherence of the applicants' version.
68. Lastly, in their submissions both before the domestic authorities and the Court the applicants relied heavily on a witness statement by Ms E. (see paragraph 38 above). Owing to its subsidiary role, the Court is not in a position to establish the veracity of Ms E.'s account of events. However, it refers to Mr Yu.'s statement that he overtook a motorca
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