Border service says military doctor jailed for hazing must pay compensation to the injured soldier

 

Recall that Shahbol Mirzoyev suffered severe spinal injuries and became paralyzed as the result of bullying in March 2014.

 

The Dushanbe military court on June 19, 2014 sentenced a military doctor Usmonali Ghairatov to nine years in jail for seriously damaging Mirzoyev’s health.  Ghairatov was found guilty of hazing, inflicting bodily harm, and leaving a serviceman in danger.

 

The court also ruled that Ghairatov must pay 8,000 somoni to Shahbol Mirzoyev's relatives to compensate for moral damages, and 5,700 somoni to cover Mirzoyev's treatment in hospital.

 

In November 2914, Mirzoyev’s relatives filed a lawsuit against the Border Guard Directorate at the State Committee or National Security (SCNS) in the court of the Dushanbe military garrison, demanding 241,000 somoni in compensation for moral and material damage.  They demand 97,000 somoni in moral damage and 144,000 somoni in material damage.

 

On May 25, 2015, the court in the Dushanbe military garrison ordered the Main Border Guard Directorate to pay 117,265 somoni to Shahbol Mirzoyev for moral and material damages, including 97,265 somoni for material damages and 20,000 somoni for moral damages.  

 

Meanwhile, the Supreme Court of Tajikistan in August 2015 reversed the Dushanbe military court’s ruling of May 25 and sent the case for reconsideration to the Dushanbe military court.  Since that time, consideration of the case has been repeatedly postponed.

 

The hearing was supposed to take place in Dushanbe on October 6 this year but it was postponed again as representatives of the respondent – the Border Guard Directorate -- have failed to attend the trial. 

 

“The hearing over the case of Shahbol Mirzoyev resumed on October 17 and representative of the Border Guard Directorate stated that military doctor Usmonali Ghairatov who seriously damaged Mirzoyev’s health must pay the compensation,” lawyer Gulchehra Kholmatova, who represents Mirzoyev’s family, told Asia-Plus in an interview.

 

Meanwhile, according to the civil procedure rules, the compensation is paid “on a universal basis at the expense of funds being at disposal of  these bodies,” the lawyer said.