ÇAKICI v. TURKEY JUDGMENT 28 them to take effective measures to safeguard against the risk of disappearance and to conduct a prompt and effective investigation into an arguable claim that a person has been taken into custody and has not been seen since. 105. In the light of those considerations, the Court recalls that it has accepted the Commission’s findings that Ahmet Çakıcı was apprehended by the security forces, taken to Hazro where he spent the night of 8 November 1993 and transferred to Diyarbakır provincial gendarmerie headquarters where he was detained until at least 2 December 1993 (see paragraph 50 above). This detention was not recorded in the Hazro or Diyarbakır custody records, nor was there any other official record of his whereabouts or fate. The recording of accurate holding data concerning the date, time and location of detainees, as well as the grounds for the detention and the name of the persons effecting it, is necessary for the detention of an individual to be compatible with the requirements of lawfulness for the purposes of Article 5 § 1. The lack of records of this applicant discloses a serious failing, which is aggravated by the Commission’s findings as to the general unreliability and inaccuracy of the records in question. The Court also shares the Commission’s concerns with regard to the practices applied in the registration of holding data by the gendarme witnesses who appeared before the Commission’s delegates – the fact that it is not recorded when a person is held elsewhere than the officially designated custody area or when a person is removed from a detention area for any purpose or held in transit. It finds unacceptable the failure to keep records which enable the location of a detainee to be established at a particular time. 106. Further, the Court notes that, notwithstanding that the applicant’s family brought to the attention of the authorities that there were three eyewitnesses to the detention of Ahmet Çakıcı, no steps were taken to seek any evidence, beyond enquiring as to entries in custody records, until after the application was communicated to the Government by the Commission. The Court has already commented on the restricted number of enquiries which resulted even at that stage and on the lack of any investigation into the report that Ahmet Çakıcı’s body had been found (see paragraph 80 above). There was neither a prompt nor a meaningful inquiry into the circumstances of Ahmet Çakıcı’s disappearance. 107. Accordingly, the Court concludes that Ahmet Çakıcı was held in unacknowledged detention in the complete absence of the safeguards contained in Article 5 and that there has been a particularly grave violation of the right to liberty and security of person guaranteed under that provision. VI. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION 108. The applicant complained that he was deprived of an effective remedy in respect of the disappearance of his brother, as a direct victim