2009/05/27 "Orenburg Justice Turned Back Again"
  • Press Release No. 44/1187
  • 27/05/2009

Today, May 27, the 3 District Military Court satisfied the Mother's Right Foundation's appeal against the decision of Rushan Melisovich Rachapov, judge of the 101 Garrison Court (Orenburg), who denied the claim of Nabilya Mustafeyevna Galeyeva, a dead serviceman's mother. Her son, Denis Galeyev, was called up to the Army on December 2005 and served in Military Unit No. 54203 in the Sverdlovsk Region (the Strategic Missile Forces). He died on March 12, 2007. Military officials informed the mother that Denis ‘had committed suicide' but she did not believe their version. She found injuries on his body. Here is an extract from her letter to the Mother's Right Foundation: ‘There were injuries on my son's body, as well as a wound and scratches on his hand. My relatives and fellow-villagers saw them. We were surprised when we saw his fists - they were so tightly clenched that we were unable to unclench fingers.'

The investigating body (Office of Public Prosecutor of M.U. No.63549) did not make the case clear; the case materials full of discrepancies and contradictions were beneath all criticism. The case was closed because of the ‘lack of defendants' which meant that, according to the investigators' conclusion, Denis was a suicide. Nabilya Mustafeyevna is no lawyer but some case materials were so badly forged that they caused the mother's reasonable doubts on the quality of the investigation. (For instance, the investigator examined Nabilya Mustafeyevna's husband, and the Examination Record did not correspond to what had been said. Besides, the Record consists of 11 pages while Denis' stepfather can't speak so much - he suffers from stammering.)

We sent the appeal against the closure of the case to the 101 Garrison Military Court which became famous after the death case of Kolya Ishimov, a boy from Chelyabinsk. (We achieved the repeal of the sentence passed by judge Shakhov and the case retrial by the court of first instance; judge Rachapov, Shakhov's assistant, had to pass a maximum penalty sentence.) At that time, our victory over the Orenburg Military Court was darkened by our failure in the other case: judge Rachapov denied the claim of Denis Galeyev's mother. Of course, we decided to obtain justice by winning the death case of the second boy from Chelyabinsk, Denis Galeyev, who had served in the Strategic Missile Forces not far from Nizhny Tagil. We decided to appeal against the resolution passed by Rachapov. The time has come. Today the 3 District Military Court has considered the appeal of the Mother's Right Foundation against the resolution passed by Rachapov.

The mother's interests were protected by the Mother's Right Foundation lawyer, Zarema Yusupova. She gave an account of the Foundation's position and declared that the resolution of October 16, 2008 passed by the 101 Garrison Military Court, did not correspond to the circumstances mentioned in the case and thus should be cancelled.

The public prosecutor, P.N. Petryaev, supported the Mother's Right Foundation's position. The case was passed to the 101 Garrison Military Court.

The panel of judges - including A.I. Masin, A.A. Shalyakin, and V.A. Shuba - satisfied the Foundation's claim. The case was returned to the 101 Garrison Military Court for retrial.

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