- Press Release No. 113/1114
On October 14, the Moscow Military District Court considered a cassation appeal filed in the case of the death of Evgeny Shamukhin (b. 1988) from St. Petersburg. He served in the Emergency Force Academy, Moscow Region. On May 13, Evgeny was brutally beaten by his fellow serviceman Alexander Reviakin who hit him on the head several times. As a result of the traumas, Evgeny died in hospital on May 19, 2008 without regaining consciousness. Reviakin was charged under Article 355, Section 3, and Article 111, Section 4, of the Criminal Code of the Russian Federation.
On August 14, 2008 the Solnechnogorsk Garrison Court considered the case and sentenced Reviakin to a total of 6years and 6 months in colony of strict regime. The court specified: ‘On May 13, 2008 at around 10 pm Reviakin was in a barrack-room and being displeased by the victim's actions aimed to show his supposed superiority: he deliberately and consciously hit Shamuchin on the head several times. Reviakin was realizing that his actions were dangerous to Shamukhin's life. He was indifferent to the cinsequences even though he did not want Shamukhin to die. He could consider and foresee the results of his actions. So the court interprets Reviakin's actions as deliberate damage to Shamukhun's health resulting in the death of the latter, i.e. we find the accused guilty under Article 111, Section 4, of the Criminal Code of the Russian Federation. Also, as Reviakin committed the criminal actions while in service, in the presence of his fellow servicemen and with the purpose to demonstrate his putative superiority, i.e. by a hooligan motive, he violated the regulations on relationships between servicemen that are not in a supervisor-subordinate relationship. As a result, the victim suffered serious damage to his health which caused the death by negligence. Thus, the court finds the accused guilty under Article 335, Section 3, of the Criminal Code of the Russian Federation'.
However, Reviakin, objected to the verdict and filed a cassation. In his appeal, he cynically claimed that ‘the victim's death was caused by the doctors who did not try to heal him'. Reviakin did not deny that there had been injuries on Shamukhin's body; he just tried to prove that it were the doctors who were guilty: they failed to heal Evgeny's serious injuries.
The interests of the parents of the deceased were represented by Julia Lebedeva, a lawyer of the Mother's Right Foundation. She stated the foundation's position: according to witnesses' testimonies, Reviakin hit Shamukhin on the head at least 10 times. Reviakin did not react to Shamukhin's pleadings not to beat him. In the course of the beating, Evgeny Shamukhin fell unconscious and never regained consciousness. This testifies that it was Reviakin who inflicted damage to Evgeny Shamukhin's health. According to the investigation, Reviakin's indirect motivation was to cause serious damage to the victim's health. Reviakin foresaw the results of his criminal actions but was indifferent to the victim. The foundation lawyer noted that the verdict of the Solnechnogorsk Garrison Court was reasonable, legal and just. Julia Lebedeva asked to leave the verdict in force and to dismiss Reviakin's appeal.
Then spoke Prosecutor Vladislav Anatolievich Boikin. He said that the charges of the accused had been proved, and the verdict was reasonable, legal and just. He asked to uphold the verdict of the court of first instance.
After discussion, a panel of judges consisting of Igor Borisovivh Alisov, Nikolai Nikolayevich Tkachuk, and Victor Vasilievich Elfimov passed a decision according to which the verdict of the Solnechnogorsk Garrison Court was left in force. Thus, one of the best verdicts related to hazing in the military came into effect.