2012/06/18 "Ignoring and Self-Dismissal"
  • Press Release No. 52/1486
  • 18/06/2012

On June 18, the 35th Garrison Court, Petropavlovsk-on-Kamchatka, continued the trial for the death of Sergei Khudoroshko (b. 1992) from the Novosibirsk Region. On April 28, 2011 Sergei was found dead in the basement of a building belonging to M.U. 09762. Rabazan Chamkurov, serviceman of M.U. 09762, was charged under Article 163, s. 1; Article 163, s. 2, p. "c", of the RF CC (violent extortion) and Article 335, s. 3, of the RF CC (violation of military regulations resulting in serious consequences). The previous hearings were held on May 29 and 30, 2012; June 5, 6, and 14, 2012. (See press releases: No. 44/1478 of 28.05.12; No. 45/1479 of 29.05.12; No. 46/1480 of 30.05.12; No. 47/1481 of 04.06.12; No. 48/1482 of 05.06.12; No. 49/1483 of 06.06.12; No. 51/1485 of June 14, 2012). The interests of the parents of the deceased were represented by Tatiana Sladkova and Zarema Yusupova, lawyers of the Mother's Right Foundation. At the request of our lawyers, the court read out a number of documents describing the personality of Sergei Khudoroshko (references from school and local administration describe him as a kind, friendly and disciplined lad) and Order of M.U. No. 87272 "Violation of the service regulations on relationships between servicemen in M.U. 09762 and punishment of the guilty persons", No. 181; April 20, 2011. Here is the extract from the document:

"The suicide of sailor Khudoroshko was caused by the following reasons:

- the officers of the unit ignored the army commander's order on additional measures of controlling the personnel during transfer to the reserve of servicemen who had served their terms;

- lack of control over the unit's activities on the part of the unit commanding officers and officials of M.U. 30973 (higher military unit);

- Colonel S.S. Yatsenko, commander of M.U. 09762, did not take measures against bullying after numerous reports of doctor's assistants E.V. Konakova and T.M. Yusupov;

- self-dismissal from the duties on keeping order in the unit on the part of Colonel S.S. Yatsenko, commander of M.U. 09762, and V.A. Makarov, commander of the 2nd Technical Battery (the door to the basement was open; sailor D.V. Fateyev failed to perform his duties);

- the commanding officers of M.U. 09762 violated the regulations on selection, appointment and evaluation of servicemen  for positions of junior officers - commanders of squads, crews, and detachments;

- the commanding officers of M.U. 09762 failed to organize the process of receiving money orders (they did not issue an order on reception of money orders and mail; they did not appoint a person responsible for the process; they did not order to manage a register on money orders; letters of attorneys were fake) which was the cause of extortion among servicemen in the unit;

- V.A. Makarov, commander of the 2nd Technical Battery, failed to organize daily activities in his battery according to the schedule, and to control them;

- Sergeant S.A. Laptev failed to control the personnel of his crew.

Under the order, Colonel Yatsenko, commander of M.U. 09762, was warned about his partial compliance with his position; V.A. Makarov, commander of the 2nd Technical Battery, was fired ahead of schedule for violation of the terms of his contract".

V.A. Poikina, representative of M.U. 09762, who came to the previous hearing with an incorrect letter of attorney and was obliged to bring a correct one, announced the unit's position on the claim for compensation for moral damage: ‘The military unit does not recognize the compensation claim and is not going to pay for the criminal actions done to Sergei Khudoroshko because Chamkurov's charges have not been proved yet'. Tatiana Sladkova, lawyer of the Mother's Right Foundation, objected: ‘The letter of claim mentioned the guilt of the accused and the guilt of the commanding officers of M.U. 09762 who failed to perform their duties". Ms. Poikina had nothing say to that and asked the court to give her time to look through the case materials...

The lawyers have already announced the foundation's position on the claim: military service is a kind of state service; damage caused to a citizen should be compensated at the expense of the treasury of a corresponding state body; Chamkurov committed his violent actions in 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). Thus, it's the military unit that has to pay for his death.

Next hearing is scheduled for June 21, 15:00.

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