Deputy of State Assembly of the Mari El Republic Boris Gerasimov applied to the regional Prosecutor’s Office with a request to comment the court ruling on refusal to award a compensation payment to relatives of Maksim Yadykov, who died in 2014 after the examination fight attempting to get employment with the Special Police Force. Republican Prosecutor Sergey Ryumshin in his response informed that his establishment is not satisfied with this ruling and will be appealing against it.
(Collage: Boris Gerasimov and Sergey Ryumshin)
– The materials of the civil case are examined by the Prosecutor’s Office of the Republic under cassational procedure. It appears that the court of the appellate instance made a wrong conclusion about absence of guilt of the Ministry of the Interior for the Republic of Mari El, which failed to provide safety during examination fights. At the present time a cassational petition for appellate ruling of judicial panel for civil cases of the Supreme Court of the Mari El Republic is being prepared, – Prosecutor Sergey Ryumshin emphasized in his response (read) to the inquiry of deputy.
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 Mari 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.
(Maksim Yadukov, source of the photo: https://vk.com)
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, the criminal case was initiated based on Part 1 Article 109 of the Russian Criminal Code («infliction of death by negligence»).
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 present» – that was the opinion of the investigator.
At the same time, investigator Soloviev submitted a proposal to head of the Police Special Force for the Mary El Republic to eliminate the circumstances which make the crime possible. In his proposal the investigator suggested to «consider adding compulsory attendance of a medic (graduate medical education) to the rules of morale and endurance testing for Police Special Force service together with the check of a candidate’s general well-being and arterial blood pressure at all the stages of the testing, i.e. immediately prior to it, in the breaks between the rounds and immediately after its completion». In addition the investigator suggested considering holding Deputy Head of the Republican Special Police Force liable since he failed to take adequate measures for proper organizing and conducting the testing.
In their turn, Maksim Yadykov’s parents and brother applied to the Yoshkar Ola City Court with a lawsuit against the Republican and the Federal Ministry of the Interior on compensation of moral damage inflicted to them by the death of their close relative. The interests of the Yadykov family in court were represented by lawyer of the Committee for Prevention of Torture Dmitry Yalikov.
On 17 November of last year the Yoshkar Ola City Court compelled the Ministry of the Interior of the Russian Federation to pay two million rubles to relatives of Maksim Yadykov.
The Ministry of Interior of Russia, dissatisfied with the court ruling, submitted the appellate complaint to the Supreme Court of the Mari El Republic.
On 28 February 2017 the judicial panel quashed the ruling of the court of the first instance, having satisfied the appellate complaint of the applicant. According to the judges, the guilt of the Ministry of the Interior was not proven.
Such a ruling of the court made deputy of the State Assembly of the Mari El Republic Boris Gerasimov filled with indignation and he applied to the republican Prosecutor’s Office asking to comment on this case. Republican Prosecutor Sergey Ryumshin in his response informed that his establishment is not satisfied with this ruling and will be appealing against it.
“We also disagree with the ruling of the Supreme Court of the Mari El Republic and intend to appeal against it under cassational procedure”, – lawyer with the Committee for the Prevention of Torture Dmitry Yalikov, representing the interests of Maksim Yadykov’s parents, comments. – We think that it is the Ministry of the Interior that failed to provide all measures necessary to secure Maksim’s health and life, is guilty of his death”.