«They just tried to bay me to the Psychoneurological dispensary in order to solve all the problems with me and cover up their violations», - says 26-year-old resident of Naberezhnye Chelny, Marat Seyfetdinov. More than three years he struggled with the local military commissariat - in the end, he obtained a transfer to an alternative civil service. Over the years, a criminal case for avoiding military service against Seyfetdinov was opened twice. In January, on the complaint of lawyers of the human rights organization «Soldiers' Mothers of St. Petersburg» and «Citizen and the Army», the court declared unlawful criminal proceedings. «Idel.Realii» tell the story of a young man, that, apparently, has not ended yet.

26-year-old Marat Seyfetdinov lives in Naberezhnye Chelny. After the ninth grade, he went to study in the technical school for insurance industry. Then he entered the Institute of Economics, Management and Law at the Faculty of Management and Engineering Business. After a year and a half - in March 2014 - decided to be transferred to a law faculty. Now he is studying at the magistracy.

At the end of November 2014, my fight with the military commissariat began. On November 28, I undertook a medical examination. On the ECG, I was diagnosed with a heart rhythm disorder, a second degree blockade - the therapist gave direction to the cardiologist. There, the disease was finally identified, according to this I can not be drafted into the army. The psychiatrist of the local military commissariat gave me the category A - good, but I received a postponement on cardiology. We tried to appeal this in every possible way, but everything was useless. They did not even want to listen to us in the military commissariat, after this my mother and I applied to their superiors, - says Marat Seyfetdinov.

His family did not agree with the postponement, as the disease of a young man «falls under the exemption» of military service.

This was the beginning of the confrontation between Marat Seyfetdinov and the military commissariat of  Naberezhnye Chelny, which lasted more than three years. In March 2015, mother of the young man got a response to latest complaint from Tatarstan chief enlistment officer Sergei Pogodin. He said that Seyfetdinov should undertake a medical examination.

In my military commissariat they did not let me in, explaining this by the fact that there is an examination for the Presidential Regiment. Somehow we made our way to the office to the chief of the conscription preparation, there was alcohol smell - apparently, they celebrated the last dispatch of soldiers. Everyone did not care about the response from Pogodin. Later, the chief of conscription preparation, apparently, found out about this letter and called my mom. He said that on March 24 I need to go to Kazan for a controlling medical examination, — recalls Marat.

In mid-May 2015, he has been surprised to learn that in Kazan he has three appointment cards - to cardiology, to the oculist and to the psychoneurological dispensary (PND). According to him, he was informed in the military commissariat only that they will make a decision based on the available documents: "There were no talks about any appointment cards, they did not give me anything", - assures Seyfetdinov.

In PND I was sent with a fictitious diagnosis of «organic disorder with nerve-like syndrome». I do not know where they got this diagnosis, I never had it, - says the young man.

The head of the military medical commission of Tatarstan Marat Nagaev, according to Seyetetdinov, «made it clear» that he will defend position that the young man has undertake one more medical examination. Disagreeing with this, the Seyetedinovs' family appealed to the prosecutor's office and the office of the Ombudsman for Human Rights in Tatarstan and Russia. «We received only kiss-offs from them», - says Marat Seyfetdinov.

At the end of November 2015, a young man received a summon stating that he should come to the military commissariat for medical examination. There he got three appointment cards  - to a doctor-psychiatrist (who had previously said that Seyfetdinov was fit to serve in the army), a cardiologist and a surgeon.

I lodged a complaint on appointment at psychiatrist to the prosecutor's office. I went through the therapist and surgeon, but when I wanted to give the documents to the military commissariat, they did not let me in, saying that I had no summon - I left with nothing. In January 2016, I sent copies of these medical documents by post, — said Marat.

On February 2, 2016, a young man was called from the Investigative Committee (IC) and asked to come to the department to give explanations "about violations of the military commissariat". The next day, Seyfetdinov came to the IC. There, as he said, "under threat of blackmail he was pushed  to take three appointment lists, which he previously allegedly got in Kazan":

I tried to prevent it every possible way, but it was useless - I was threatened with criminal charges for evasion and kept in the office. Fortunately, there was no physical violence. They got what they wanted. In March, I applied for a substitute of military service with an alternative civil. And then, as it turned out, in early March the military commissariat filed an application to initiate criminal proceedings against me...

Before the conflict, Marat Seyfetdinov planned to join the army. The young man has several letters of thanks from the Mayor of Naberezhnye Chelny for participating in military parades. «I was in tune for joining the army, since I did not have a way out - I even wrote a statement to the chief of conscription preparation asking to send me to serve closer to home, since I am the only child of my mom and she is a retired from MIA, elderly, has heart problems», - says the young man.

Since he was found to have an non-draft illness, Seyfetdinov sought exemption from the army or referral to alternative civil service. "I realized that I could not stand military service for health reasons, so I applied for an alternative civil service. By this time, I have formed convictions - I am against violence with weapons in my hands. I am convinced that I will benefit more at the civil service", - the young man said.

Because of the military commissar's application for a crime, I was late with the alternative civil service. The prosecutor's office transmitted the case materials to the Investigative Committee. On April 12, 2016, I was summoned together with my mother to the IC for a conversation with deputy head Evgeny Vikentyev, who made me understand that there are no evasion facts in my actions, - retells the conversation with the investigator Marat Seyfetdinov.

On April 27, a criminal case was brought against Marat in accordance with Part 1 of Article 328 of the Criminal Code of the Russian Federation - evasion of conscription for military service in the absence of legal grounds for exemption. However, the young man learned about this only a month later - on May 23, when he saw the summon to interrogation in the IC as a suspect.

I was extremely surprised and shocked. Later, the investigator, who worked on my case, persuaded me to undergo an examination at a cardiologist. I was examined - the disease was confirmed. Instead of sending medical documents for an independent examination, the investigator sent them to the military commissariat, who complaint against me. As a result, the military commissariat marked my non-draft disease with a category “fit to military service”, which was expected, since they can not recognize that there were grounds for exemption me from the service", — says Seyfetdinov.

Later it became known that in mid-June 2016 the criminal case was closed. "In the process of the investigation of the crime, there was not found any components of crime provided in part 1 of Article 328 of the Criminal Code", - said major case investigator. Marat Seyfetdinov emphasizes that because of the initiation of a criminal case, he could not get a job, although he went through all medical examinations needed.

In October 2016, at a meeting of the conscription commission, Seyfetdinov got replacement of military service with an alternative civil. According to the young man, the chief of the conscription threatened him with a referral to the psychoneurological dispensary and the initiation of a criminal case, because "he was dissatisfied with the fact that the case was closed."

They just tried to bay me to the Psychoneurological dispensary in order to solve all the problems with me and cover up their violations, false denunciations against me and close the question at once against objectionable and unfit conscript, — the young man states.

In the spring of 2017, Marat Seyfetdinov was to leave for an alternative civil service. The surgeon of the military commissariat put him in the category of fitness B (restricted to military service), but he was sent to the hospital for a re-examination, where his diagnosis was changed to a fit to service.

In August, Marat Seyfetdinov learned that the military commissariat again complaint to the prosecutor's office of Naberezhnye Chelny with a statement on the initiation of a criminal case. The young man was summoned to the prosecutor's office to give explanations on Part 1 of Art. 328 of the Criminal Code.

Counting on the fact that criminal case will not be initiated, Marat Seyfetdinov appealed to the Employment Center - in the autumn he was sent to work in the magistrates as a second-class specialist.

At the end of October 2017, it became known that a criminal case had been opened against Seyetedinov under Part 1 of Article 328 of the Criminal Code of the Russian Federation. "Just as for the first time a pre-investigation check against me was not conducted, I was not acquainted with the decision to initiate a criminal case", - he said.

On November 1, 2017, a young man came to the interrogation to an investigator who immediately told him that he was being sent to a psychiatric examination.

On the investigator's desk was prepared an order on sending me to a comprehensive outpatient psycho-psychiatric forensic examination. Means, that the order was prepared in advance, and he immediately began talking about it, — Marat Seyfetdinov said — As a result of his pressure and enforcement, I was forced to sign an agreement for examination, due to threats to be sent t to a psychoneurological dispensary for a month in Kazan - through the court. There were no grounds for him to write such an order.

On November 1, 2017, Seyetetdinov informed the investigator that a criminal case for evasion could not be initiated against him, since on October 7, 2016 he received a replacement of military service for an alternative civilian. On November 13, a young man found a summon to the court in the mailbox. This court hearing was on decision to placing him in a psychoneurological dispensary for examination. According to Marat, the investigation intended to use "punitive psychiatry".

In the decision to initiate criminal proceedings, the investigator reported that Marat Seifetdinov from April 28 to September 13, 2017, "without having a postponement or exemption from conscription, without valid reasons, did not appear for a medical in-patient examination, thereby evading the conscription for military service ".

Since there were no answers to complaints about the initiation of a criminal case against him, Marat Seyfetdinov decided to "hide before the case is resolved in court". "The situation simply became hopeless, as I realized that not only the military commissariat together with the IC is acting against me, but also the prosecutor's office, which is made to protect the rights of the citizen", - the young man explains.

On 14 November, Seyfetdinov appealed to the Naberezhnye Chelny City Court with a Civil Bill, in which he asked to recognize the decision of the IC to initiate a criminal case unlawful. On December 1, 2017, the court agreed with him and found unlawful initiation of criminal case. The Naberezhnye Chelny City Court found that on October 7, 2016 the conscription commission recognized Seyfetdinov as fit for military service, but decided to replace military service with an alternative civil service.

The appealed order there is no information that this decision was canceled. In this regard, the judgment that Seyfetdinov evaded military service in 2017 is incorrect. He can not be a subject of the crime provided by part 1 of Article 328 of the Criminal Code of the Russian Federation, therefore, the appealed order must be declared unlawful, — stated the court.

The prosecutor's office of Naberezhnye Chelny appealed this decision, but the Supreme Court of Tatarstan on January 16 this year refused to satisfy the appeal.

The prosecutor's office could have prevented these two criminal cases if they had actually taken action in connection with violations by the military commissariat and psychiatrist. Their actions caused me considerable moral suffering, made me lose faith in the fact that the prosecutor's office is able to protect the rights and freedoms of the citizen, — emphasize Marat Seyfetdinov.

The Naberezhnye Chelny City Court also ordered the head of the Investigations Department for Naberezhnye Chelny «to correct the infringement that has occurred». According to Seyetetdinov, «reasonable time for correction of the infringement has already passed» - for this reason he appealed to the law enforcement agencies with a statement demanding «to take measures to influence the officers of the Investigation Department of the Investigation Office of the Investigative Committee for Naberezhnye Chelny, allowing inaction and red-tapery».

At the moment I have to undergo an alternative civil service or be exempted - there is no third option. I am an alternative serviceman, there is already a place of service - the postal operator, I have a corresponding letter from the military commissar of Tatarstan. In connection with this, I am not subject to conscription for military service. If I would be fit, I would have been sent to the army long ago and would not even have argued, — sums up Marat Seyfetdinov.

Author: Vadim Meshcheryakov



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