t prosecutor's office commenced a criminal investigation. While not doubting that the situation caused the applicants profound distress and anxiety, the Court does not find, in the circumstances of the present case, that a separate issue arises under Article 3 as distinct from its above conclusions concerning the double violation of Article 2.
185. In so far as the sixth and seventh applicants complained about the disappearance and deaths of Aslan Israilov and Khasin Yunusov, the Court notes that it has been unable to reach the conclusion suggested by the applicants that their two relatives were abducted and killed by State agents. In view of this, and having already found a violation of the obligation to investigate effectively under Article 2 of the Convention, the Court does not find that additional questions arise under Article 3 in the present case.
V. Alleged violation of Article 5 of the Convention
186. The applicant further stated that Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov, Umalat Abayev, Aslan Israilov and Khasin Yunusov had been detained in violation of the guarantees of Article 5 of the Convention, which reads, in so far as relevant:
"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 guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation."
187. The Court has previously noted the fundamental importance of the guarantees contained in Article 5 to secure the right of individuals in a democracy to be free from arbitrary detention. It has also stated that unacknowledged detention is a complete negation of these guarantees and discloses a very grave violation of Article 5 (see {Cicek} v. Turkey, No. 25704/94, § 164, 27 February 2001, and Luluyev and Others, cited above, § 122).
188. The Court has found it established that Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev were detained by State servicemen on 23 October 2002 and then unlawfully deprived of their lives. Their detention was not acknowledged, was not logged in any custody records and there exists no official trace of their subsequent whereabouts or fate.
189. Consequently, the Court finds that Magomed Shakhgiriyev, Ali Magomadov, Ismail Umarov and Umalat Abayev were held in unacknowledged detention without any of the safeguards contained in Article 5. This constitutes a particularly grave violation of the right to liberty and security enshrined in Article 5 of the Convention.
190. In so far as the complaint concerns Aslan Israilov and Khasin Yunusov, the Court observes that it has not found it established to
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