2012/02/20 "Novorossiysk: Decision in Case of Dmitry Dmitriyev"
  • Press Release No. 16/1450
  • 20/02/2012

On February 20, the Novorossiysk Garrison Court announced the decision in the case of the death of sailor Dmitry Dmitriyev (b. 1990) from the Orel Region. On August 25, 2011 Dmitry died of cardiac arrest as a result of the blow delivered by senior serviceman Gorbunov. Gorbunov beat other several soldiers (they were lucky - they didn't die). The Mother's Right Foundation represents the interests of the mother of the deceased, Svetlana Nikolayevna Dmitriyeva. The previous hearings were held on January 17, 2012; January 31, 2012; February 1, 13, 14, and 16, 2012 (for more information, see Press Release No. 06/1440 of January 27, 2012; No. 09/1443 of February 1, 2012; No. 10/1444 of February 2, 2012, No. 11/1445 of February 13, 2012; No. 12/1446 of February 14, 2012; No. 14/1448 of February 16, 2012). The interests of the mother of the deceased were represented by Zarema Yusupova, lawyer of the Mother's Right Foundation. Today, the court announced a decision: Gorbunov was sentenced to 6,5 years of imprisonment. Besides, the court issued a special clause on the unit's commanding officers. The attorney of the accused failed to achieve her goal. (She asked to exclude the wording ‘serious consequences', i.e. the death of Dmitriyev, from the charge sheet. In this case, the punishment would have not exceeded 5 years.) Thanks to the efforts of our lawyers, it did not happen.

Taking into account that the case was tried within Article 335, it's a ‘typical' verdict passed by a military court. But the verdict satisfies neither the mother of the deceased nor the foundation: the charge sheet should have included two articles, not one.

At the hearing of February 16, 2012, we asked the court to sentence the accused to 10 years of imprisonment, i.e. maximum punishment within Article 335. We informed the court that Article 111, s. 4, had disappeared from the charge sheet which made the punishment milder. The foundation filed the necessary complaints in the interests of Svetlana Nikolayevna Dmitriyeva. We'll do our best to have them satisfied.

The Mother's Right Foundation is planning to file a complaint against today's decision because in our opinion, the court did not take into account negative references to Gorbunov (administrative proceedings, false testimony, drinking, etc.).