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Director of water park in Moscow Region charged with providing services not meeting safety standards entailing by negligence death of child

The investigating bodies of the Russia’s investigative Committee in Moscow Region have charged the CEO of the Kva-kva park water park with the crime under paragraph “c” of part 2 of article 238 of the RF Penal Code (rendering services not meeting safety standards for the lives or health of consumers entailing by negligence death of a person).

According to investigators on 8 February 2013, there was an accident with a boy born in 2004. The child was in the water park with his parents and other relatives. The boy was swimming in the swimming pool Laguna, which bore no ban for children under 10 years of age. However, the pool was 135 cm deep, which is 50 cm deeper than the maximum permissible depth for children between 7 and 10.

With lack of oversight over the Laguna pool dangerous for small children, the boy slipped from an inflatable jacket and kept on swimming. Then the boy drowned. He died on the scene of incident of choking on water.

During the inquiry the investigators have found out that according to organizational legal documents of the water park parents were in charge of their children’s safety and of their own state of health, the rules do not contain any information on the specific features of the attractions and possible dangers. The rules had been made formally to shift responsibility to customers and to keep up appearances that there were documents containing customer safety rules, but there were no safety requirements eliminating or preventing children’s drowning made for customers or instructors and no requirements aimed at saving the drowning in the Laguna pool for instructors.

This way, having given the effect to organizational legal documents (personnel instructions, service rules, rules for customers), which did not meet the safety standards for the lives and health of the customers, the accused did not bind his personnel to prevent children aged between 7 and 10 to swim in the Laguma pool 135cm-deep, did not entrust the personnel with certain duties of providing customers’ safety in the water park and by that endangered their lives and health.

At present a number of investigating measures are under way to consolidate the evidence. Investigation is ongoing.