)).
120. The Court has found it established that State servicemen apprehended Mr Ismail Dzhamayev on 6 March 2002. He was killed by servicemen on 9 March 2002, and no information has been provided by the State concerning his possible release and escape between the dates of his apprehension and the date of his death. His detention was not acknowledged, was not logged in any custody records and there exists no official trace of his whereabouts between his apprehension and killing. In accordance with the Court's practice, this fact in itself must be considered a most serious failing, since it enables those responsible for an act of deprivation of liberty to conceal their involvement in a crime, to cover their tracks and to escape accountability for the fate of a detainee. Furthermore, the absence of detention records, noting such matters as the date, time and location of detention and the name of the detainee and the reasons for the detention and the name of the person effecting it, must be seen as incompatible with the very purpose of Article 5 of the Convention (see Orhan, cited above, § 371).
121. In view of the foregoing, the Court finds that Mr Ismail Dzhamayev was 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.
V. Alleged violation of Article 6 of the Convention
122. The applicants complained that under national law they were barred from filing a civil claim to obtain compensation for their relative's unlawful detention or death pending the outcome of the criminal investigation. They relied on Article 6 § 1 of the Convention, the relevant parts of which provide:
"In the determination of his civil rights and obligations..., everyone is entitled to a fair... hearing... by [a]... tribunal..."
A. The parties' submissions
123. The Government disputed this allegation.
124. The applicants made no further submissions.
B. The Court's assessment
1. Admissibility
125. The Court notes that this complaint is not manifestly ill-founded within the meaning of Article 35 § 3 of the Convention. It further notes that the complaint is not inadmissible on any other grounds and must therefore be declared admissible.
2. Merits
126. The Court finds that the applicants' complaint under Article 6 concerns essentially the same issues as those discussed under the procedural aspect of Article 2 and under Article 13. In these circumstances, the Court finds that no separate issues arise under Article 6 of the Convention.
VI. Alleged violation of Article 13 of the Convention
127. The applicants complained that they had been deprived of effective remedies in respect of the violations of Articles 2 and 3 of the Convention, contrary to Article 13 of the Convention, which provides:
"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."
A. The parties' submissions
128. The Government submitted that the applicants could actively participate in the investigation and appeal against actions or omissions of the investigating authorities in court, which they had failed to do. Furthermore, they could have filed claims in respect of non-pecuniary damage, which they had not done either. The Government argued that the applicants thus had effective domestic remedies in respect of their complaints. They referred, in particular, to several decisions by courts of the Chechen Republic
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