- Press Release 18/1354
On March 17, the Mother's Right Foundation won a case in the Kochenevsky District Court, Novosibirsk Region. The Foundation presented the interests of Tatyana Ivanovna Anisimova, mother of dead serviceman. Her son Yuri Anisimov (born 1981) was called up to Military Service in July 24, 2002 and served in military unit #52987 belonging to the Ministry of Emergency Situations. In this unit Yuri systematically experienced acts of violence from two servicemen - A. Putin and Y. Romashov (they beat him, forced to do physical exercises in a gas mask, insulted and took away the money). This situation lasted for several months - from August to December 2002. On December 16, 2002, Yuri could not stay the humiliations any more and committed suicide. On August 22, 2007 the Novosibirsk Garrison Court sentenced Romashov to three years and Putin to two years of imprisonment according to Article 335, section 3 (acts of violence with grave consequences). The Mother's Right Foundation filed a lawsuit demanding to grant Anisimova compensation for moral damage caused by her son's death. Previous court sessions took place on October 5, 2010 and March 1, 2011.
The interests of the mother of the deceased were represented the lawyer of Mother's Right Foundation, Tatyana Sladkova. She stated the Foundation's position: the Ministry of Emergency Situations officials, particularly commanding officers of military unit #52987 did not fulfill and did not control the fulfillment of demands to the Government stipulated in Art. 2 of the European Convention on Human Rights (Government should fulfill positive obligations to secure right to life) and in Russian laws current at the moment of the serviceman's death. The defendant should pay compensation for moral damage caused by her son's death to the mother of the deceased, because according to the law, a juridical person should pay compensation to a worker for damage caused during his service. This also concerns Romashov, Putin and other officers of the military unit whose duty was to control discipline and psychological condition of the unit's servicemen.
The interests of the defendants were represented by D.A.Voronkov, representative of the Ministry of Emergency Situations who was present at the last hearing, March 1, 2011, where he claimed that the Ministry of Emergency Situations should not be a defendant in the trial, that the compensation should be paid by Putin and Romashov; by E.E. Leiman, representative of military unit #52987. Ekaterina Evgenievna told us a lot of new things about military service: for example, that Yuri Anisimov performed constitutional duties in the Army, that it was not possible to hire a nanny for each soldier... and that Anisimov was "too sensitive".
Tatyana Sladkova, lawyer of the Mother's Right Foundation, objected:
‘To experience abuses and humiliations is not a constitutional duty of each male citizen when he is in military service. Putin and Romashov's unlawful actions lasted from August till December 2002; it means that the unit's commanding officers had enough time to find that out and stop their criminal actions. This fact proves that the unit's officers did not perform their services properly. As to Anisimov's sensitiveness, it's a mere conjecture, while the Court has already found out a direct cause-and-effect relation between the convicts' actions and Anisimov'a death.'
Then Ms Leiman, representative of the military unit, claimed that Putin and Romashov were not representatives of the unit. The Foundation lawyer objected: each of the convicts had a post during military service.
‘No,' persisted Ms Leiman, ‘They were not the unit's officials as they were not contract servicemen and had no salary'.
‘Do you want to say that Romashov and Putin had no salary?' specified the Foundation lawyer.
‘They did, but it was a small salary,' - said Ms Leiman, ‘so they were not servicemen'.
‘Dear Court, a salary is not a criteria to define if а person is a servicemen or not,' said the Foundation lawyer.
Also the Foundation lawyer emphasized that from the moment of Anisimov's death, the commanding officers of military unit #52987 tried to conceal hazing in this unit, and soldiers were ordered to keep silence. A criminal case of Osipov was fabricated. Anisimov's parents who did not believe the suicide version had to conduct their own investigation. It was found out that Putin and Romashov had been forcing the unit's servicemen to slander Osipov. Several times, the Court refused to start a trial against Putin and Romashov, and Anisimova had to appeal against the court's denials. The criminal case against Putin and Romashov was launched only in April 2005; then, it was stopped, and then resumed. These events worsened the suffering of the mother of the deceased.
After hearing the parties and considering the case materials, judge Svetlana Gennadievna Borovik issued a decision: the Ministry of Emergency Situations at the expense of the of RF Treasury is to pay Anisimova compensation for moral damage caused by her son's death in the amount of 1,5 (one and a half) million rubles.