Activities | Legal Support | Legal Support | Project։ Stability of HCA Vanadzor in the light of democracy and human rights challenges in the Republic of Armenia 2019 | Publications | News | Closed and Semi-Closed Institutions | Civilian Oversight and Monitoring
Due to the support of HCA Vanadzor, A.V., who applied to the organization in July 2018, was recognized temporarily unfit for military service during the summer call-up of this year and got a 3-year deferral.
During 2018 summer call-up he was recognized fit for military service by the decision of Central Medical Commission dated 12.07.2018, while during the expertise of 2018 it was not possible to perform fistulography and instead of organizing the examination in a different medical institution, they diagnosed “Parotid natural fistulas in remission” and recognized him fit for military service with limitation in compliance with point 70g of decision 404-N of the RA Government. It was not mentioned on what ground the diagnosis was changed in case the necessary examination had not been conducted.
It should be mentioned that A.V.’s congenital health problems were diagnosed back in 2017 and he got a 6-month deferral by “Bilateral purulent chronic fistulas of concha of auricle” diagnosis.
In response to the letter addressed to the RA Defense Ministry on July 24, 2018, the Defense Ministry reaffirmed that A.V.’s state corresponds to point 70g of decision 404-N of the RA Government and the conscript was recognized fit for military service with limitation.
Nevertheless, the conscript did not agree with the decision made in 2018 and did not leave for the service. A criminal case was initiated against him on the ground of evasion from military service.
It is noteworthy that point 70g of decision 404-N of the RA Government used as a ground to recognize A.V. fit for military service concerns problems that considerably differ from A.V.’s health problems, “Malocclusions of up to 9 mm gap between incisors or up to 2 mm gap between molars with 50% or higher chewing efficiency”. There is no mention of this diagnosis in A.V.’s medical records. As a matter of fact, his disease was not taken into consideration while his health problems had not disappeared and as mentioned above, were congenital.
Later, on September 28, 2018, in response to HCA Vanadzor lawyer Syuzanna Soghomonyan’s claim for clarification, RA military commissioner H. Muradyan clarified that there was no purulent discharge from the ear for the second time, but there was purulent discharge for the first time. As he claimed, in that case, expertise is conducted under point 70g. And in case of refusing the offered surgical treatment, the conscript is recognized fit for military service.
With the support of HCA Vanadzor, A. V. appealed the decision made for his case by Central Medical Commission dated July, 2018. As a result, in 2019 summer call-up, having undergone medical and forensic medical expertise, A.V. was recognized temporarily unfit for military service and got a 3-year deferral.