2008/12/23 "Earthen Floor or 88 Bodily Injuries?"
  • Press Release No. 138/1139
  • 23/12/2008

On December 23, the Rostov Garrison Court continued the trial of the criminal case of the death of Andrey Dubovitsky (b. 1987) from the Krasnodarsky Region. Andrey was called-up to the Army in April 2007. After half a year in a training camp, together with other young servicemen he was transferred to military unit No.12106, Rostov Region, to continue his service. He served there only 15 days - from September 19 to October 3, 2007. Then Nadezhda Petrovna and Oleg Anatolievich Dubovitsky received his body, covered with bruises and scratches. (We think that it was quite a problem for the medicolegal expert to count all the injuries; he counted 88 injuries which meant that Dubovitsky had been beaten all over with a ‘hard and blunt object' not less than 88 times.)  But the first official version of Andrey's death presented to his parents was ‘a result of careless handling of a weapon'. (Andrey was shot when he was on guard duty.) It's obvious that anyone who had seen the mutilated body of the 20 year old boy would have not believed this nonsense (except Army officials who defend their own interests in such cases, and believe accordingly). And, least of all, his father. Andrey grew up dreaming of military service. Before his service in the Army he attended the local military patriotic club and took shooting lessons. He wanted to be like his elder brother who had served his call-up term in the North Fleet, then as a contractor in the Peacemaking Forces in Abkhazia, and was serving as a scout in a Special Forces unit in the North Caucasus. He wanted to be a contractor. And Andrey - quite a rare case - also wanted to serve in the Caucasus. When he got to the Special Forces (military unit 12106 belongs to the Main Intelligence Directorate), Andrey was happy, and his father was proud of him. But that did not last long.

 According to the investigation, from September 24 to October 3, Andrey was subjected to constant beating and humiliation on the part of his fellow serviceman, Alexander Sergeyevich Goloyad. Goloyad was a contract corporal. He boasted to ‘the young' about his numerous trips to Chechnya. Very soon Dubovitsky and other guys who lived in the same barrack with Goloyad (besides Dubovitsky, Mikhail Tokarev, Roman Gorokhov, and Artem Kulakov suffered from his beating) knew what he was like when they felt blows of his fists and boots. He beat them all over with anything at hand. The boys were afraid of him, endured his beatings and never complained because they knew that nobody would help them.

It's characteristic that before going on watch Dubovitsky, like all sentinels, passed a ‘thorough' medical examination. The doctors who conducted that examination and ‘did not notice' 88 physical injuries would afterwards say that they had not seen any bruises on the boy's body, though some of those injuries were so old that it was obvious that the persons who had taken the Hippocratic Oath, had seen signs of beating and let a man beaten all over go on watch. Dubovitsky's comrades were so bullied, that their testimonies were nothing but - ‘don't knows', ‘don't remembers', ‘didn't sees', and ‘no abuses'. It appeared that Goloyad had talked to all of them and had promised ‘to finish them' if they would tell about bullying Dubovitsky. (They told that to the investigator and explained that they had taken his words as a real threat.)

         The investigation stage was a long-running process, and for some obscure reasons the term was prolonged. Somehow the case was submitted to court. Today, on the eve of the New Year holiday, it is being considered in the Rostov Garrison Court.

Misha Tokarev, Dubovitsky's friend, who knew about this case more than anyone else, was murdered near the military unit on August 23, 2008. The ‘unknown persons' stroke him on the head with a heavy object. In a few days, Misha died in hospital. By the way, he was the only hero of the story who had a law education (he had finished the Armavir Law College). Together with him were Artem Kulakov, a victim in the same case (he managed to escape) and one of the main witnesses for the prosecution, Konstantin Vertiy (he was injured, but survived). The case of Mikhail Tokarev has been assigned to the civil prosecution and remains undecided. The persons involved in the murder have not been found.

On December 2, 2008, Roman Gorokhov and Artem Kulakov attended the first hearing of the trial accusing Goloyad of murder. They said that they would not attend the following hearings. And in the courtroom, they sang meaningfully, ‘There were five of us, the two of us are left by now'. One of the witnesses, Vertiy, did not come to court, and today they pronounced the decision on securing his attendance at trial.

At today's session, on petition of Nadezhda Kuzina, lawyer of the Mother's Right Foundation who represents the interests of Andrey Dubovitsky's father, they pronounced Mikhail Tokarev's testimony supporting the accusation against Goloyad. Also, the Foundation lawyer announced the petition for changing the defendant's preventive punishment. This petition enlivened the atmosphere in the courtroom. Judge Evgeny Anatolievich Zvyagin announced a break and said that the public prosecutor and the foundation lawyer should ‘come to an agreement', because, according to the legal procedure, they were on the same side. The judge withdrew. Public prosecutor, Alexander Yevgenievich Savkin, tried to persuade our lawyer not to submit a petition. According to the public prosecutor, the petition was senseless. No ‘conclusion' was achieved. So, judge Zvyagin had to consider the petition for changing Goloyad's preventive punishment.

Also, the court listened to the witnesses for the defense. One of them was Oleg Khaidarovich Vakhidov, Assistant Educational Officer in M.U. 11659 (M.U. 12106 belongs to M.U. 11659). He gave good references to Goloyad but could say nothing on the matter because he had been on vacation at the time. He also tried to prove that medical examinations before going on watch had been thorough. Nobody believed him. In the end it was found out that he had never been present at medical examinations, and his statement of ‘thorough examinations' was hypothetical.

The second witness for the prosecution, Captain Yegor Sergeyevich Popov, also Assistant Educational Officer of M.U. 11659, returned from his vacation on October 2, 2007, on the eve of the incident. He was to escort Andrey Dubovitsky's body to his birthplace. He accomplished this unpleasant task. And in court, he shared his impressions, ‘The Dubovitskys live in awful conditions. Imagine they've got rooms with earthen floor!' And he gave good references to Goloyad. What was meant by the words of the man, who was responsible for educational work among servicemen? Perhaps Dubovitsky died because of the earthen floor and not because of 88 injuries?

Next  hearing is scheduled for December 25, 2008; 11:00 am. The interests of Andrey Dubovitsky's father will be represented by Nadezhda Kuzina, lawyer of the Mother's Right Foundation.