Lawyers of the Committee for Prevention of Torture received a ruling on dismissal of the criminal case in relation to the death of Maksim Yadykov from Yoshkar-Ola after the examination fight in the regional Special Policed Force. Investigator of the Investigative Department of the Investigative Committee of the Russian Federation for the Republic of Mary El Stanislav Solovyev deemed that this case lacks the element of crime. The human rights defenders, representing the interests of the parents of the deceased, are planning to appeal against the investigator’s ruling after familiarizing with the materials of the criminal case.
(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».
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 eight months the Investigative Department conducted checks based on the results of which it issued four illegal refusals to initiate criminal proceedings.
And only eight months after, on 22 June 2015, investigator of the Investigative Department of Yoshkar-Ola of the Investigative Department of the Investigative Committee of the Russian Federation for the Mary El Republic Mr.Khoroshavin passed a ruling on the death of Maksim Yadykov after the examination fight in the regional Special Police Force. The criminal case was initiated based on Part 1 Article 109 of the Russian Criminal Code («infliction of death by negligence»).
Prior to initiating criminal proceedings based on the complaint of the human rights defenders, violations on the part of investigator Khoroshavin, who conducted the check, were established, as well on the part of Deputy Head of the Investigative Department. For that reason the Yoshkar-Ola Prosecutor’s Office submitted a request to the head of the investigative authority demanding to eliminate breaches and stated the necessity to hold responsible the officials in charge.
On 22 February 2016 new investigator for this case Stanislav Solovyev passed a ruling on dismissal of the criminal case due to absence of the element of crime. «In the case under question the criminal justice case represented by guiltless harm-doing is underway» – that was the opinion of the investigator.
«Upon the familiarization with the criminal case materials we will certainly appeal against the investigator’s dismissal. In our opinion, in this case the state, represented by the regional Special Police Force, has not performed all possible measures in order to save the life of Maksim Sadykov. In addition, according to investigator Stanislav Solovyev, head of the regional Investigative Department of the Investigative Committee Oleg Doronin is planning to petition the Mary El Ministry of the Interior, demanding to change and complement the police order, on the basis of which such exams are performed at employment to Special Police Force. This is another example indicating that the sparring procedure at the present time is not meeting the necessary requirements, – lawyer of the Committee for Prevention of Torture Dmitry Yalikov. – Our plans involve applying to the court with a suit seeking for compensation for moral damage inflicted to the parents by the death of their son».