Helsinki Citizens’ Assembly-Vanadzor

In May, a student of one of the higher education institutions of the RA applied to Helsinki Citizens’ Assembly-Vanadzor. During his examinations period, D.Kh. was notified by the territorial subdivision of the Conscription and Mobilization Service about having to participate in training gatherings. Since the period of D.Kh.’s participation in training gatherings coincided with the university graduation examinations, it meant that due to participating in the training, the student would not be able to sit the graduation examination and would have to resit them a year later, thus being deprived of the opportunity to continue his education in 2023. 

Undertaking to protect D.Kh.’s rights, HCAV first applied to the RA Ministry of Defense and RA MoD Conscription and Mobilization Service. In response to HCAV’s application, the territorial subdivision of the Conscription and Mobilization Service referred to the procedure regarding enlisted citizens established under Article 23 of the RA Law on Defense, as well as exemption from training gatherings in case of being recognized unfit for training gatherings due to health conditions, and  stated that there was no other ground for not being summoned to participate in the activities carried out in the frame of the reserve preparation and being exempted from training gatherings. 

Factually, the citizen was not granted the opportunity to choose the terms of participating in the gatherings, as a result of which, not participating in the graduation examinations, the citizen would be deprived of the opportunity to continue his education next year. A person’s obligations - joining training gatherings, in this case - should not impede exercise of his rights. 

HCAV also sent an information inquiry on this issue to the Ministry of Education, Science, Culture and Sports, in order to clarify whether the Ministry had discussed with educational institutions matters related to organizing graduation activities, final attestation processes and graduation examinations of students called up for training gatherings in 2023.

In response, the RA Ministry of Education, Science, Culture and Sports applied to the University, where D.Kh. studies. A few days later, the territorial subdivision of the Conscription and Mobilization Service informed that the date of D.Kh.’s participation in the training gathering was postponed and he would be allowed to sit his graduation examinations.

D.Kh.’s case indicates the need for a systemic cooperation between the two agencies, which would prevent such problems. Otherwise, the agencies will have to find individual solutions to each case, which will not be precise for citizens and will not be in line with the principle of legal certainty.