Convict Yuri Mikhailov, serving his sentence at the penal colony-56 in the Sverdlovsk region, keeps fighting for a right to get amnesty with help of human rights defenders. He can do on the ground of Amnesty Act from 2000.
This time defenders have filed a claim at the Ivdel town court to declare a right to amnesty and besides to declare actions of administration in denial of amnesty to be unlawful.
Let’s remind that convict Mikhailov used to do military service in Afghanistan, and one of the reasons for Amnesty Act application is participation in military actions.
In 2000 when Amnesty Act came out, administration decided not to explain how it works and he might get reduction of imprisonment term. Administration justified its actions easily: there were no data which can prove his right to amnesty.
In 2007 convict found out that he could be granted amnesty. Due to this fact he began collecting documents about his military service by various requests through administration into archive bodies.
The first papers he got were from an officer Chaykovsky from Moscow who confirmed his active service in Afghanistan. He attached a copy of military ID.
Mikhailov handed those papers to administration. Then administration sent inquiry in Moscow and received response from the same Chaykovsky where he notified that Mikhailov had never done military service and his personal file had been sent to the Pskov region. No records about military in personal ID.
Administration having showed the other response said that Mikhailkov would never get amnesty. For some reasons officers did not initiate a case on falsification of documents.
Mikhailov sent another inquiry to Moscow to sort it out. If there is no personal file, where Chaykovky takes information?
Since that moment writing has begun between Mikhailov and military enlistment offices, military procuracy, military investigative committee etc. It turned out that personal file sent to the Pskov region never got there and where it is now, nobody knows.
Since 2008 it has lasted. Mikhailov have got numerous answers including from Moscow confirming his service. Also he received a letter from investigative committee but administration keeps refusing it.
In April 2014 convict Mikhailov together with human rights defenders went to court. Judge of the Ivdel town court O.A. Lechenkova declared actions of officer Chaykovsky to be illegal.
Now administration of the penal colony-56 still refers its refusals to response of Chaykovsky saying that court declared only actions of his illegal but not his information.
On 7 May 2015 another court hearing was held at the office of warden about right of Mikhailov to amnesty.
Judge Aleksey Mikhel heard out Mikhailov and his representative Aleksey Sokolov and representative of the facility and stated to send court inquiry to question officer Chaykovsky and Fillipov who confirmed Mikhailov’s active service.
Also judge satisfied a request of representative of Mikhailov to send a inquiry into the Central border archive to verify information because there is mixed data.
Court hearing has been put off without say,
To be continued…
Human rights defenders of the Urals
Photo: Yuri Mikhailov