Yesterday, on December 20, 2011 the Supreme Court of Bashkiria pronounced the cassation judgment under the suit for compensation of moral and material damage inflicted to Dmitry Aparin by unlawful actions of the police in the Birsk sobering-up station. Having listened to the parties, the Bashkirian Supreme Court quashed the decision of the Leninsky district court of Ufa awarding Dmitry Aparin compensation of moral and material damage and referred the case for retrial to the same court.
The initial first instance judgment had been appealed against by both Dmitry Aparin, respondents and third parties: Russian Finance Ministry represented by the Federal Treasury Administration for Bashkiria, Bashkirian Ministry of the Interior, as well as Bashkirian Prosecutor’s Office.
The respondent’s arguments are as follows: the state is not responsible for the crime committed by the policeman, and 700 000 rubles are a too big sum for the young disabled, disproportionate to the damage incurred by the spinal cord fracture.