2011/05/31 "Lieutenant-Colonel’s Inaction Leads to Private’s Death"
  • Press Release No. 35/1371
  • 31/05/2011

On May 31, the Solnechnogorsk Garrison Court continued considering the case of Alim Saidulov (b. 1992) who died in the army. He was called up to military service in May 2010, and served in M.U. 7576, Moscow Region. On June 16, 2010 a motorcade transporting the unit's servicemen was going to the shooting ground of another military unit. Alim and his fellow servicemen were in the lorry driven by Timur Valeyev. On the way back, approximately at 17:00, the lorry with 20 servicemen overturned in the Mytischi District, Moscow Region. As a result of the crash, Alim Saidulov was heavily wounded and died on the way to hospital. Valeyev was charged under Art. 350, s. 2, of the RF CC (reckless driving resulting in death). The interests of the father of the deceased, Binali Zainulovich Saidulov, were represented by the lawyers of the Mother's Right Foundation, Mikhail Golovenchik and Ilona Farkhadova.

The previous hearings were held on May 18 and 26, 2011 (see press release No. 31/1367 of May 18.05.2011 and press release No. 33/1369 of May 25, 2011). During the first hearing, witness Alexei Shevchuk, Deputy Commander of the military unit, gave important evidence: the servicemen noticed the weaving of the car on the way to the shooting ground and informed the chief of the motorcade, Leonid Kosharny, but he did not react.

Kosharny was in the list of subpoenaed witnesses but not present at the hearing though the Mother's Right Foundation insisted on his presence. Other parties were unwilling to clear up the truth. The Solnechnogorsk military prosecutor, major Alexander Yurievich Lesavoi suggested not to subpoena Kosharny (who ignored today's hearing) and to just read out his evidence. The defendant's advocate agreed with the prosecutor. The lawyers of the Mother's Right Foundation again demanded that Kosharny should be subpoenaed for interrogation, but judge Oleg Andreyevich Kazantsev dismissed their written request.

Once again, the court heard the evidence of Shevchuk who confirmed that Kosharny had been informed about the weaving car. The evidence had no result because the prosecutor refused to subpoena the military official, and the judge decided that the court did not need Kosharny to pass a decision.  

The court heard Timur Valeyev, defendant in the case.  He pleaded guilty.

Then the debate was opened.

The prosecutor asked to plead Valeyev guilty and sentence him to 3 years in penal colony and to 2-year suspension of driving license. The advocate asked to sentence Valeyev to probation.

The lawyers of the Mother's Right Foundation asked to sentence Valeyev to a maximum penalty - 5 years of imprisonment and 3-year suspension of driving license. Also, the lawyers asked the court to consider the unit officials' negligent performance of duties and to pass a special decision on M.U. 7576.

After a debate, the court issued a decision: T. Valeyev was charged under Art. 350, s. 2, of the RF CC and sentenced to 1 year in penal colony and to 2-year suspension of driving license. Also, the court issued a special decision: ‘The Commander-in-Chief of the Central Region of the MIA Internal Forces should pay attention to the inaction of lieutenant-colonel Kosharny and inform the Solnechnogorsk Garrison Court on the measures taken'.

The Mother's Right Foundation is going to appeal against Valeyev's penalty.