- Press release N 73/989
- 30 November 2007
Today, the 30th of November 2007, the “Mother’s Right” Foundation won very complicated legal suit conserning the reimbursement for moral damage in the court of Tverskoy district in Moscow. The victory can be considered a precedent. In this suit “Mother’s Right” foundation presents rights of parents of deceased soldier - Strugova Lyudmila Dmitrievna and Andreev Andrey Ivanovich from Saint-Petersburg. Their son Igor Andreev (born in 1986), was called up to the army 28th of April 2004. He was assigned to do military service in military unit 1005 “G” (Presidential regiment). In the regiment he was bullied: he was squeezed money from and beaten. In March 2005 Igor was beaten by private of the same regiment Romadov R.O. – only because Igor did not get money for him (this episode of non-manual relation is witnessed). 22nd of June 2005 Igor Andreev in group of soldiers of military unit #1005 was transferred at command of officer of military unit # 51212, located in Sevastopol.
23d of June 2005 in train Moscow-Sevastopol, which was transporting the transferred soldiers, trainman of the coach discovered the body of Igor Andreev, hanged up in loop of belt, bind to the water-supply pipe.
On the 9th of March 2006 “Mother’s Right” Foundation participated in presenting the rights of deceased soldier in criminal suit in Moscow municipal military court: Romadov was convicted for the committed crime, afforded by part 1 of article 335 of Criminal Code of Russian Federation (breach of charter rules of relationships between military servants in the absence of subordinate relationships, related to denigration of honor and dignity, adjoint by violence) and sentenced to 1 year and 6 months of disciplinary battalion. However, we believe considerably more important aim than punishment of Romadov was our help to parents of deceased soldier in proving the guilt of Presidential regiment in death of Igor Andreev and penalize the command of the regiment financially (the only available way to punish legal entity according to legislation) for all the grief, caused to his parents. Lyudmila Dmitrievna and Andrey Ivanovich have sent to the army an absolutely healthy son. To be accepted to the Presidential regiment one has to go through a serious admission system, and Igor has achieved it. He wanted to serve in military service. However service in Presidential regiment turned out to be to “pricy” for Igor. In a note, found near his body, he wrote: “In civil life everything went well for me. But I’m afraid that if things go on the way they do now, army will break me down. Lately, as I was talking to my parents, our conversations were: “Dad, mom, I’m Ok, send me money please, and hand it via my contacts and send me the card”. May I am mistaken, but I think that my parents began to worry about that. But most of all it disturbs me, I think about it all the time. I think, whether I ask too much money from my parents, for during the year I ask them 1000 -1500 rubles every month. Because of these thoughts I cannot keep guard, because this thought just does not leave my head. I constantly think about it and therefore cannot concentrate on anything else”. Instead of noticing the condition of Igor and helping him, they punished him for that he did not manage his service. According to the witness testimony of Karcev A.N.: “ When Andreev took his day duty, he often did not stand it physically, 4 hours of sleep was not enough for him and in the morning, he often fell asleep… “. For this he was punished, he was even several times assigned to the day duty the next day as well”. First to find out about death of Igor was his teenage brother. It was this teenage brother, to whom the heartless representative of military unit, in the absence of parents, told over the phone about Igor’s suicide. When mother came home she found out the younger son in a crying jag… Later on family had to go through criminal suit, where representatives of military union # 1005 in response to Igor’s mother’s question whether they were aware that in their unit many soldiers swallow nails in order to avoid non-manual relationship impudently answered: “Not nails, but pins”. In the materials of criminal suit Igor’s mother read terrifying details of tortures practiced towards soldiers, who did not manage to get money. Each torture had its own title: “To dry a crocodile”, “hat of death” and so on. Up to now Lyudmila Dmitrievna cries, when she looks back to what her Igor went through. That is why to make military unit pay for death of Igor Andreev was a matter of honor for “Mother’s Right” Foundation. The interests of parents of deceased soldier were presented in court by the lawyer of “Mother’s Right” Foundation Tatyana Sladkova.
The suit started 4th of June 2007. In this session Lawyer of the Foundation filed a request to bring to responsibility not only military unit # 1005 but also Federal Guard Service (to which the military service is related) and Ministry of Finance as a manager of treasury.
On the 4th of September 2007 lawyer of “Mother’s Right” Foundation attached to the case the conclusion of post-mortal complex psychology-psychiatric forensic inquiry, which is comprised of two parts: in first, psychiatric, it is stated that “during doing military service, as a result of imposition to Igor Andreev long-lasting psycho-traumatic situation (sojourn in military collective with occurrence of non-manual relationships with money-related and other exactions, and also actions of Romadov R. O.), Andreev I. A. developed conditioned by situation psychotoxic depressive mood: emotional oppression, motorial retardation, episodes of consternation, insurmountable sleepiness”. However, the second part of the inspection, carried out by psychologist Idrisova O. V., which did not reconcile with the first, psychiatric part of conclusion and had a tendentious character. Lawyer of the Foundation declared these discrepancies between the first and the second parts of the expertise. Psychologist Idrisova, called to the court, however, insisted on the accuracy of her conclusions.
Laywer of the Foundation Tatyana Sladkova asserted that “Mother’s Right” Foundation contests “psychological” part of the conclusion. In the following session, on the 15th of October lawyer of the Foundation attached to the materials of the case an explanation of specialists of Independent psychiatric association of Russia (IPA) regarding this case, where among other was stated that “expert-psychologist was not able to ably assess peculiarities of Andreev’s behavior, and conclusions carried out by her have tendentious character”. Later Tatyana Sladkova filed a request regarding assignment of repeated post-mortal complex psychology-psychiatric forensic inquiry aimed at elimination of discrepancies between the first and the second parts of expertise, present in the case. Representative of military union # 1005 Melnik S.S. objected, representative of Federal Guard Service left this case to the discretion of the Court. Request of the Foundation was satisfied, and the Court offered to the respondents to formulate and present their questions towards experts. In the next session “Mother’s Right” Foundation brought four specialists: Gatsolaev Kazbek Borisovich (psychiatrist, track record of 40 years), Spiridonova Natalya Vasilyevna (psychiatrist, track record of 28 years), Kalashnikova Olga Ernstovna (medical psychologist, track record of 16 years), Vinogradova Lyubov Nikolayevna (medical psychologist, track record of 30 years). They declared in the Court that they are ready to conduct expertise. Lawyer of “Mother’s Right” Foundation presented to the Court the list of questions to experts. The expertise was appointed.
In the next session on 16th of November commission presented expertise conclusion objecting conclusions of psychologist Idrisova. Specifically, in the conclusion it is stated:” Individual-psychological specifics present in Andreev do not constitute a factor inducing suicide. (…) Andreev was in a state, predisposing to committing a suicide. The main reason of this condition was long lasting psycho-traumatic situation (money exactions, bashings, humiliations and so forth), in which he existed during several months without a possibility to avoid it and without an ability to change it”. A break was announced in the session in order the respondents could get acquainted with the conclusions of expertise.
Today, on th 30th of November the representative of Federal Guard Service Shatohin Maxim Vladimirovich was very active in Court. Particularly, Shatohin spoked out:– I have a question to the experts! Judge Knyazev explained to the representative of Federal Guard Service that debates do not include the possibility of asking experts questions, that these questions had to be formulated before realization of the expertise – a month and a half ago, and Federal Guard Service did not present their questions.
– But I want! – obstinately repeated representative
– Do you refuse to participate in debates?– asked the judge.
– No, but I want to ask questions, – responded mister Shatohin.
– I ask you to sit down, please, – asked judge Knyazev, but Shatohin continued to stand and speak, showing disrespect towards the Court until officer of the court was not called. Representative of military union # 1005 Melnik continued taking side of Presidential regiment: he said, that military union is not guilty in the death of Igor Andreev, and asked parents of the deceased Igor to call back the claim. While judge Knyazev made a decision, representative of Federal Guard Service left the building. And the Court after a deliberation, concluded: Ministry of Finance as a manager of treasure has to pay 450 000 rubles to each of the parents totaling to 900 000 rubles. Almost a million.
Representative of Ministry of Finance was not in the courtroom. They will find out post factum how much non-manual relationships did cost to the Presidential regiment. =
(C) To use or cite this and other press releases you should make reference to the Mother's Right Foundation.