2010/11/10 "Illegal Actions of Military Unit Stopped"
  • Press Release No. 56/1324
  • November 10, 2010

TODAY, November 10, the Mother's Right foundation won a case in the North Caucasus Region military court, where they considered a cassation appeal against a decision of the Budennovsky garrison military court, Stavropol Region, in favour of the mother of the deceased serviceman, Lyubov Nikolaevna Polyakova. Her son, Alexey Polyakov, was called up to the Army on April 23, 2002 and served in Military Unit 93921. On May 14, 2002 he signed a contract and later, as a result of his service, rose to the rank of Junior Sergeant. On September 8, 2003 he committed a suicide. Before that there were acts of hazing towards Alexey performed by the serviceman of the same Unit, Rayima Kazimovich Mirzaev. On June 21, 2004 Mirzaev was sentenced to what we consider a mockery of Polyakova. The court didn't find any link between the actions of the accused and Polyakov's suicide, and a public prosecutor asked to re-characterize the actions of the accused in order they could fit a less serious article of the Code. On top of it all, the court exacted 500 roubles as a compensation for moral damage in favour of the mother (she hadn't applied to the foundation yet). To deal the final blow, the commander of her son's Unit reissued the order of Polyakov's exclusion from the Unit's staff changing the wording "in pursuance" for "not in pursuance". This deprived Lyubov Polyakova of the right to receive social support. The Mother's Right foundation applied to the court asking to recognize the fact that Polyakov died in the pursuance of military duties, and on September 13, 2010 we won this case. However, a representative of Military Unit 74814, which is a legal successor of Polyakov's Unit, filed a cassation appeal against that decision of the original jurisdiction. Today it has been considered.

Polyakova's interests were represented by the Mother's Right lawyer, Tatyana Sladkova. She articulated the foundation's point of view as follows: "The court of the original jurisdiction fairly and pursuant to part 1 article 37 of the legislation "On Military Service and Duty" established connection between Alexey Polyakov's death and discharge of military duties: his death came while he was in the territory of the Military Unit and at the time of the established duty hours, which was confirmed by testimony. The testimony in the indictment is approved by the prosecutor and is acceptable evidence for this case, for witnesses were warned of perjury responsibility according to paragraph 5 article 164 of the RF Code of criminal procedure. The wording "not in pursuance", which seeks the respondent, is illegal in this case."

The Military Unit representatives didn't show up. After considering the foundation's position and the case materials, the judge panel consisting of judges V. A. Kostin, I. A. Baboshkin, I. A. Avernov  announced the verdict to leave the decision of the original jurisdiction unaltered and the cassation appeal of the respondent unsatisfied. Thus, the decision of the Budennovsky garrison military court regarding the Polyakova case came into its force.

 
 

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