2012/08/08 "Interests of Justice"
  • Press Release No. 61/1495
  • 08/08/2012

Today, on August 8 the Mother's Right Foundation continued its free work in the 35th Garrison court, Petropavlovsk-Kamchatsky. We participate in the trial for the death of Sergei Khudoroshko who served in the Coast Guard Forces, Kamchatka. On April 28, 2011 he was found dead in the basement of a building belonging to M.U. 09762. According to the investigation, Khudoroshko's fellow serviceman, Chamkurov, extorted money from him. During the medical examinations of March 30 and April 14, they found and registered Sergei's bodily injuries (haematomas and scratches). Chamkurov was charged with ‘violent extortion' and ‘violation of military service regulations resulting in serious consequences'. The previous hearings were held on May 29 and 30; June 4, 5, 6, 14, 18, 26, 27 and 28; July 03, 04, 06, 10, 11, 16, 20, 24 and 26; August 07, 2012.  For details, see our press releases. The interests of the parents of the deceased were represented by Zarema Yusupova, a lawyer of the Mother's Right Foundation.

Today, for some unexplained reasons, the court did not finish the investigation stage of the trial and thus, did not begin the debate. Instead, they once again interrogated Subbotin, the victim's fellow serviceman. He gave his testimony during one of the previous hearings. According to him, ‘there were many cases when he saw Khudoroshko bringing fried potato to Chamkurov, making his bed, attaching a collar to his shirt, and cleaning his shoes'.

During the trial, Chamkurov and his attorney have been trying to find some other guilty person - Sergei's girlfriend or witness Subbotin. Again they were disappointed: Subbotin denied all their assertions; the SMS messages to Khudoroshko did not come from Subbotin's phone number.

We should note that many witnesses in the case denied the assertions that Subbotin was related to Khudoroshko's death (other circumstances are not related to the case). Everything was said and done, and the only thing left was to analyze the testimonies and arguments. Mr. Feshchenko, the attorney of the accused, who is leaving for vacations on the nearest weekend (according to him, he can't return his tickets as he is going abroad) tries his best to delay the trial. The attorney proposed to make inquiries to the MegaPhone Company and to interrogate Abushev, who served in another subunit of the same unit. He promised to insure the latter's participation in the next hearing. (Abushev was not mentioned in the case materials and was not subpoenaed. What prevented the attorney from applying to the court for the interrogation of the serviceman at the beginning of the trial???)

Reflecting on the attorney's actions (who can't help his client because the latter's guilt has been already proved) we re-read the article titled, ‘Attorney's Code of Ethics' published in the Advocacy International, Bulletin No. 1: ‘... An attorney shall not use his procedural rights in an appropriate manner not only because of the law but also because of the attorney's code of ethics. An attorney shall not misuse his position during a trial. (...)  An attorney shall not delay a trial even in the interests of his client. In situation of conflict between the interests of his client and the interests of justice (speedy and fair trial), he should give preference to justice (...)'.

But it is not the ‘justice' that pays the attorney's fee, is it? The court's expenses are paid for by us, taxpayers. We expect justice from the court... like Sergei Khudoroshko's parents (they could never afford a vacation abroad) who have been waiting for the court's decision on their son's death for almost three months.

Next hearing is scheduled for August 10, 2012; 11:30.

We demand that the court begin the debate!

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