killed by servicemen in a fight that had broken out when fire was opened at servicemen near the road between Grozny and Shatoi from a car in which Mr Ismail Dzhamayev was travelling. They referred to the conclusions of the forensic report according to which Mr Ismail Dzhamayev's body was among the remains of persons allegedly killed in the fight on 7 and 9 March 2002.
77. The Court notes that despite its repeated requests for a copy of the investigation file in respect of the abduction of Mr Ismail Dzhamayev, the Government refused to submit the materials requested having produced copies of decisions to suspend and resume the investigation and to grant victim status and of the records of interviews held in March 2002. They relied on Article 161 of the Code of Criminal Procedure. The Court observes that in previous cases it has already 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)). In view of this and bearing in mind the principles cited above, the Court finds that it can draw inferences from the Government's conduct in this respect.
78. The Court notes, firstly, that it is common ground between the parties that a special operation was conducted in Stariye Atagi between 6 and 13 March 2002. It further notes that, according to the applicants, Mr Ismail Dzhamayev had been apprehended by servicemen during the operation and taken to an unknown destination. They referred in this regard to a statement of Mr B., who had been apprehended together with Mr Ismail Dzhamayev. The Court observes that the applicants did not provide a statement by Mr B. to the Court. However, it notes that, according to the applicants, Mr B. died at the end of 2002, that is, two years before the applicants lodged the present application. This fact is not disputed by the Government. The Court further notes that, according to the applicants, Mr B. reiterated his statement to the investigating authorities and relevant records should be contained in the criminal file. The Government, although having failed to produce any relevant materials, did not contest these submissions either. Accordingly, the Court accepts that Mr B. made a statement confirming that Mr Ismail Dzhamayev had been apprehended by servicemen in the circumstances described by the applicants. Moreover, less than a month after the completion of the operation the administration of Stariye Atagi issued the applicants with a certificate, confirming that Mr Ismail Dzhamayev had been apprehended by servicemen during the special operation.
79. The Court notes that the Government, in their observations, stated that Mr Ismail Dzhamayev had been killed by servicemen in a fight. However, they barely addressed the applicants' allegations that their relative had been apprehended by servicemen in the first place. In this respect the Government merely noted that the applicants' version of the events was not confirmed by the findings of the investigation. The Court observes, however, that at the early stages of the investigation the applicants' allegation that their relative had been apprehended by servicemen was accepted by the investigating authorities. It refers, in particular, to the decision to suspend the investigation of 26 October 2002 (see paragraph 36 above). At the later stages, in particular in the decision to suspend the investigation of 19 March 2004 and the order to conduct a forensic examination of 9 September 2006 (see paragraphs 47 and 54 above), the investigating authorities did not state expressly that the applicants' family members had been apprehended by servicemen, but referred to "unidentified persons in camouflage uniform accompanied by cars and armoured vehicles". However, the investigation failed to identify those persons.
80. The Court observes that the Government thus did not deny that t
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