- Press Release No. 47/1481
On June 4, the 35th Garrison Court, Petropavlovsk-on-Kamchatka, continued the trial for the death of a sailor of M.U. 09762, Sergei Khudoroshko (b. 1992), that happened on April 28, 2011. At the hearing, Zarema Yusupova, lawyer of the Mother's Right Foundation, filed a compensation claim against M.U. 09762 and the Ministry of Defence within the trial. The Mother's Right Foundation represents the interests of the mother of the deceased, Yekaterina Khudoroshko from the Novosibirsk Region. (For the beginning of the story, see Press Release No. 44/1478 of May 28, 2012; Press Release No. 46/1480 of May 30, 2012.)
Let us remind that Sergei Khudoroshko was found dead on the territory of M.U. 09762. The investigation found out that Elena Konakova, the doctor's assistant of the unit, who was responsible for medical examinations, noticed numerous injuries (hematomas in the arm-pits and on the chest and scratches on the cheek bones) on the soldier's body at least two times. (According to Elena Konakova's testimony at the hearing of May 29, the commanding officer did not respond to her reports. She had to make two copies of each report because she suspected that her reports would be thrown into a waste paper basket.)
Then it was found out that a senior serviceman, Rabazan Chamkurov, extorted money from sailors Khudoroshko and Nemerov - 5000 rubles from each of them. Sergei's mother sent him 1000 rubles... received by Chamkurov. Today, Anna Anchukova, employee of the post office, confirmed the fact.
All the witnesses, former conscripts, spoke at the previous hearings. They confirmed that officers shut their eyes to bullying in the unit. They told about the tradition according to which young conscripts paid money to senior servicemen. For example, witness Subbotin told that Chamkurov had been permanently bullying Khudoroshko: he compelled the soldier make his bed, attach a collar, and clean his shoes... Dinar Galiaskarov, Deputy Commander of the Coast Guard Forces of the Pacific Ocean Fleet, who was sent to M.U. 09762 to investigate the incident, confirmed that sailors and officers had told him that two days before the tragedy, Chamkurov beat Khudoroshko in the gym because of the ‘debt' and threatened to ‘put him down'...
At the hearing of May 30, the mother of the deceased asked Vadim Makarov about how he managed to overlook the situation. Why didn't they stop bullying? Makarov had nothing to say. Dinar Geliaskarov announced his conclusion: ‘The money extortion would have not been possible without connivance on the part of the unit officers'.
As a result of the administrative investigation, Yatsenko, the unit commanding officer, Makarov, battery commander, and Koshman, subdivision leader, received disciplinary punishment (‘for neglecting his duties resulting in a crime'; ‘failure to perform his duties'; ‘escaping his duties'). The first two of them were fired.
As a result of the hearings of May 29 and 30, today (June 4) the lawyer of the Mother's Right Foundation filed a compensation claim against the guilty military unit and the Ministry of Defence on behalf of the mother of the deceased.
The reaction of the court was funny. Judge Zachesov was under the delusion that in a criminal trial a claim may be brought only against a physical person (against Chamkurov, not the unit). It's strange but attorney Feschenko supported the position of the court.
The lawyer of the Mother's Right Foundation, Zarema Yusupova, had to deliver a lecture on a civil claim and a criminal trial: military service is a kind of state service; damage caused to a citizen should be compensated at the expense of the treasury of corresponding state body; Chamkurov committed his violent actions in military service on the territory of the unit; he did it openly; the unit officers ignored medical reports; the court has already found them guilty for neglecting their duties and failure to stop bullying (if they had stopped bullying in the unit, Sergei Khudoroshko would have been alive).
Next hearing of the case is scheduled for June 5, 14:00. The court is planning to consider the claim filed by our lawyer. The lawyer of the Mother's Right Foundation is planning to present the foundation's cases in which military courts satisfied civil claims filed on behalf of victims in criminal trials, including Decision No. 5-74/04 of the Supreme Court.
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