- Press Release No. 117/1260
On December 7, the Mother's Right Foundation won another trial for the father of a dead serviceman, Oleg Anatolievich Dubovitsky. On April 25, 2007, his son, Andrey Dubovitsky (b. 1987), was called up to the Army, and served in Military Unit No. 12106. On October 3, 2007, he died. According to the decision passed by the Rostov-on-Don Garrison Court on February 2, 2009, A.S. Goloyad was found guilty in several crimes, including hazing which had resulted in the death of Andrey Dubovitsky (Article 335, s. 3, of RF CC). The Mother's Right Foundation claimed that the father should be paid compensation for his son's death. The case was tried in the Apsheronsky District Court, Krasnodar Region. Our lawyer reached the place thanks to your private donnations: they were enough to buy the cheapest tickets. The defendants in the case were the Military Commissariat of the Apsheronsky District, Krasnodar Region, Military Unit 11659, Military Unit 12106, the RF Ministry of Defense, and the RF Ministry of Finance. The amount of the claim was 2 million roubles.
The first session was held on November 9, 2009. At that time, we came across a disgraceful situation: at first, the judge pretended to be a secretary, then she would not open the session; when she knew about our problems with tickets, she proposed the father of the deceased to hire a paid advocate in the presense of our lawyer...
At the second session, which was held on November 19, 2009, judge Ludmila Germanovna Lutsenko entered the courtroom, and addressed the father of the deceased:
‘Dubovitsky, did I tell you to hire a paid advocate?'
‘Yes. You told me to hire a local advocate. But local ones need to be paid,' answered the father of the deceased.
‘No,' the judge seemed not to have heard the answer, ‘I ask you: did I tell you to hire a paid advocate? Why did you spread dirty lies about me in the web? Did I pretend to be a secretary? Why? I don't deserve all this! Representatives, give me your documents!' The judge's manner was commanding. Then she adrressed Irina Nikolayevna Ryzhova, representative of the Federal Treasury for the Apsheronsky District, Krasnodar Region, ‘Give it to me. I don't bite. It's the representative from Moscow who bites! Are there any applications before the session?'
The Foundation's volunteer lawyer, Tatiana Sladkova, expressed her doubts as to the judge's objectivity and rejected judge Lutsenko.
‘No,' exclaimed the judge. ‘It's you who started all this. Why do you start like this? Your entire career is ahead of you!'
The parties expressed their opinion on the request: the representative of the Military Units (No. 11659 and No. 12106), Dmitry Alexandrovich Zhurba, was not against the rejection; the representative of the Treasury, Ms. Ryzhova, said that she saw no reason to reject the judge. Judge Lutsenko withdrew into the discussion room and then refused the request. Then appeared the representative of the Military Commissariat, Kristina Mikhailovna Divan. For some reason she had no power of attorney, and the father of the deceased had to take her to the needed place (to get the document) in his own car. It took 40 minutes.
When the session started again, our lawyer stated the Foundation's position: according to the decision passed by the Rostov-on-Don Garrison Court on February 2, 2009, A.S. Goloyad (at the moment of the crime he was a serviceman of M.U. 12106) was found guilty in several crimes, including hazing which had resulted in the death of Andrey Dubovitsky (Article 335, s. 3, of RF CC) on October 3, 2007.
The decision came into force on April 16, 2009. The Mother's Right Foundation lawyer reminded the court that the expert had counted not less than 88 injuries on Andrey's body - traces of the beatings by Goloyad. His death caused the father's moral and physical suffering. He was doomed to suffer to the end of his life. His son was his support and hope for the future. The father's health had got and was getting worse. At the time, he could not do without necessary medicines. Tatiana Sladkova demanded that the father receive a compensation for moral damage caused by his son's death.
The representative of the Military Units, Zhurba, refused to satisfy the claim on the ground that the units' commanding officers were not responsible for Goloyad's actions.
The representative of the Federal Treasury, Ryzhova, asked the court to exclude the Ministry of Finance from the list of defendants. The Mother's Right Foundation lawyer, Tatiana Sladkova, objected: ‘The plaintiff has the right to appoint defendants in the case; the Ministry of Finance was declared a defendant as it was the main body managing the Treasury.'
The representative of the Commissariat said that Andrey Dubovitsky had been pronounced fit for military service (A category - no limitations). The statement was not to the point because our claim was connected with the father's suffering, not with Andrey Dubovitsky's illegal service in the Army.
The court also interrogated the father's sister, Eleonora Vladimirovna. She told that for her brother, his son's death meant the loss of the meaning of life. He could do nothing because of depression. His health had got worse.
On December 7, after hearing the parties, the court passed the decision: to satisfy the claim filed by the Mother's Right Foundation and to oblige the defendants to pay Oleg Anatolievich Dubovitsky compensation in the amount of 500,000 roubles.
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We continue our struggle for the survival of the Mother's Right Foundation. We have no possibility to work as actively as before. In spite of all the difficulties, we do our best to receive calls from parents of the deceased and to protect their rights of in court. Under the current situation, we can't do without your support. If you are concerned about our work for families of dead servicemen, please give us your support.