KURT JUDGMENT OF 25 MAY 1998 28 104. The Government replied that the applicant had not substantiated her allegations that her son had been detained by the security forces. Accordingly, no issue could arise under Article 2. 105. The Commission found that in the absence of any evidence as to the fate of Üzeyir Kurt subsequent to his detention in the village, it would be inappropriate to draw the conclusion that he had been a victim of a violation of Article 2. It disagreed with the applicant’s argument that it could be inferred that her son had been killed either from the lifethreatening context she described or from an alleged administrative practice of disappearances in the respondent State. In the Commission’s opinion, the applicant’s allegation as to the apparent forced disappearance of her son and the alleged failure of the authorities to take reasonable steps to safeguard him against the risks to his life attendant on his disappearance fell to be considered under Article 5 of the Convention. 106. The Court recalls at the outset that it has accepted the Commission’s findings of fact in respect of the detention of the applicant’s son by soldiers and village guards on 25 November 1993. Almost four and a half years have passed without information as to his subsequent whereabouts or fate. In such circumstances the applicant’s fears that her son may have died in unacknowledged custody at the hands of his captors cannot be said to be without foundation. She has contended that there are compelling grounds for drawing the conclusion that he has in fact been killed. 107. However, like the Commission, the Court must carefully scrutinise whether there does in fact exist concrete evidence which would lead it to conclude that her son was, beyond reasonable doubt, killed by the authorities either while in detention in the village or at some subsequent stage. It also notes in this respect that in those cases where it has found that a Contracting State had a positive obligation under Article 2 to conduct an effective investigation into the circumstances surrounding an alleged unlawful killing by the agents of that State, there existed concrete evidence of a fatal shooting which could bring that obligation into play (see the above-mentioned McCann and Others judgment; and the Kaya v. Turkey judgment of 19 February 1998, Reports 1998-I). 108. It is to be observed in this regard that the applicant’s case rests entirely on presumptions deduced from the circumstances of her son’s initial detention bolstered by more general analyses of an alleged officially tolerated practice of disappearances and associated ill-treatment and extrajudicial killing of detainees in the respondent State. The Court for its part considers that these arguments are not in themselves sufficient to compensate for the absence of more persuasive indications that her son did