Lawyers of the Committee Against Torture’s office in the Republic of Mary El received a copy of another refusal to initiate criminal proceedings based on the fact of death of Maksim Yadykov after the examination fight in the republican Special Police Force. This time investigator of the Investigative Department for Yoshkar-Ola city of the Investigative Committee of Russia for the Republic of Mary El Mr.Khoroshavin who is leading this case, repeated word for word his own ruling which had been previously quashed by the Prosecutor’s Office of Yoshkar-Ola city as illegal. The Prosecutor’s Office also demanded to perform additional check and rectify the breaches.
(Maksim Yadykov, source of photo: https://vk.com)
As we have previously reported, on 15 December 2014 Anatoly Yadykov and Rimma Yadykova applied to human rights defenders for legal assistance. According to the couple in September last year Maksim decided to join the Mary El Department of Interior Special Police Force. Having passed the medical examining board with conclusion «fit for service in Special Police Force», on 9 October he arrived at the police unit to pass an exam for physical training. On the same day at around 4 p.m. the young man’s parents received a call from an unknown number and someone informed them that Maksim felt bad during the exam, the ambulance was called, but «it’s nothing at all serious». However in a while the Yadykov family received another call and this time they were informed that their son was in Yoshkar-Ola City Hospital in the state of coma. The young man’s parents who came to the medical institution were straight away informed that the case was very challenging and the surgery was ongoing.
On the next day at about 9 in the evening Maksim’s parents learned that their son died in hospital without regaining consciousness. Later on the forensic medical examination established that the young man’s death resulted from «a severe cerebral contusion with the brain compression with a left-side subdural hemorrhage, which developed due to a closed craniocerebral injury». According to the expert’s opinion, these injuries resulted from «a quadruple impact of a blunt object».
Third round of Maksim Yadykov’s fatal examination fight in the Special Police Force
On 11 October 2014 the Yadykov family applied to the Investigative Department of Yoshkar-Ola Investigative Directorate of the Investigative Committee for the Republic of Mary El. During half a year the Investigative Department conducted checks based on the results of which it issued three illegal refusals to initiate criminal proceedings. First two refusals were quashed at the initiative of the investigative authority’s management, but the third one had to be appealed against by the human rights defenders in the regional Prosecutor’s Office.
As a result of examination of the complaint filed by the lawyers of the Committee Against Torture on 27 April of this year the Prosecutor’s Office declared the refusal to initiate criminal proceedings to be illegal, having sent the case materials for additional check.
The Procesutor’s Office established some violations, including the ones performed by investigator Khoroshavin, who conducted the check, as well as by the Deputy Head of Yoshkar-Ola Department. That was the reason for the Prosecutor’s Office of Yoshkar-Ola filing a demand to rectify the breaches and sending information on the necessity of establishing the responsibility of appropriate officials.
However, despite the Prosecutor’s Office reaction, ordering to conduct additional check and give appropriate evaluation to all the circumstances of the incident, on 4 June of this year investigator Khoroshavin did not scruple to issue another refusal to initiate criminal proceedings, which was hundred percent identical to the previous one. It means that during all this time he did absolutely nothing to investigate the circumstances of Maksim Yadykov’s death during the examination fight in the regional Special Police Force.
«The investigative authority was provided with one more month in order to conduct additional check. At that point we were forced to get the Procesutor’s Office involved. However, in a month investigator Khoroshavin issued a ruling which is absolutely identical to the previous one, and that is outrageous. I consider it to be a mockery, which hurts the deceased guy’s parents, in the first place. For eight months already the investigative authorities cannot perform all necessary checks, obtain the results of expert examination, establish and question all the witnesses of the incident. We are definitely going to appeal against this ruling of the investigator and will strive for initiating a criminal case in the course of which the pre-trial investigation should be objective and legal. We also intend to establish the responsibility of the officials guilty of this red-tapery», – comments the head of the Committee Against Torture’s office in Mary El Republic Dmitry Yalikov, representing the interests of the Yadykov family.