- Press release №: 41/1309
- From: 06/09/2010
TODAY, the 6th of September the MOTHER'S RIGHT Foundation has won the lawsuit in the city court of Yurginsk in Kemerovo region that consider an application that we made on behalf of Kolycheva Olga Vasilyevna, mother of deceased serviceman. Her son, Ivan Kolychev (1983 y.b.) was called out for military service on 13th of December 2005. After the training unit he had a military rank "sergeant" and was sent to a military unit 1254 in a garrison of Yurginsk (Kemerovo region), where he served as a "senior driver of a fire truck". On 15th of May 2007, Ivan deceased. The official version of his death was suicide, but mother had not believed it initially. Son told her about awful things, which happened in the military unit. Particularly that Ivan and other soldiers starved: to survive they had to eat dogs. "When son came home I've heard how he told his friends that they ate dogs in the army a dog - 30 rubles, because the produce was stolen. After this, my husband visited this unit and made sure what was going on there. My son and others saved some sum of money and bought a refrigerator, but senior sergeant, which hold a contract in this unit took the new refrigerator at home and brought an old one. He also stole produce and as Ivan said, "pinched everything"." On 14th of May 2007 at 23.00 p.m., mother and son have spoken on the telephone and this night at 2.03 p.m., she received a telephone call from the unit and was told that her son hung up. I've asked: "What has happened?" The same sergeant answered: "He was tired of living and has hung up. Come and take him immediately"." As Olga Vasil'evna told us, the corps of her son looked like a "bag of bones" - he lost half of his weight. On top of it all, the chief of the military unit 1254 issued an order to exempt Ivan Kolychev from the crew of the unit, because his death "doesn't relate to attending his duties of military service". The MOTHER'S RIGHT Foundation started an action about changing of this statement.
Zarema Yusupova, a lawyer of the MOTHER'S RIGHT Foundation, represented the interests of deceased boy's mother. Her participation in this process could be possible due to S-7 airlines, which gave an opportunity to get an air ticket Moscow-Kemerovo-Moscow at a discount of 50%. Zarema Yusupova stated the position of the Foundation: according to paragraph 2, article 37 of Federal Law "About military duty and military service" serviceman doesn't recognized as deceased while on duty, if it was a result of absence without leave, voluntary drunkenness or making an act which is established as a socially dangerous. In the present case, not one of these circumstances was the case of Ivan's death, which means that he deceased while on duty.
V.V. Kruglik, chief of the military unit 1254, where Ivan Kolychev served and deceased, came in court as a defense counsel. He announced that even if the court recognizes that Ivan deceased "while on duty", he could not enforce the court decision and make changes in the order about Kolychev's exemption from the lists of the unit, because of the absence of authority, in particular because of the absence of a stamp.
- - However, how could you issue the previous order, or did you issue an illegal one having no authority for it? - the lawyer of THE MOTHER'S RIGHT foundation specified.
A defense counsel couldn't answer this question. He also couldn't give any affirming documents, that issuing of such kind of orders was not in his authority.
Judge Vorobyova have heard the opinions of the parties and made a decision: to accept that Kolychev's death was the death in the discharge of his duties; to accept a refusal of the chief of the military fire-prevention defense and salvage operations in Yurginsk's garrison - illegal. She obligated to make changes in the order to confirm that Ivan Kolychev had "died in his service".