Helsinki Citizens' Assembly-Vanadzor

The Administrative Court of Appeal recognized the decision of the Central Medical Commission null and void

November 14, 2018

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On October 29, 2018, based on the appeal complaint of conscript A.G. and his representative – HCA Vanadzor lawyer Syuzanna Soghomonyan – the RA Administrative Court of Appeal recognized Central Medical Commission’s decision about A.G. null and void.

Conscript A.G., who got a deferment for eyesight problems and 1 year later was recognized as fit for military service, was recognized as temporarily not fit for military service and got a deferment of three years on July 31, 2017, after being presented to the CMC session with the support of HCA Vanadzor. However, the decision was made as a result of one-sided assessment of the medical documents of the conscript, a part of the diagnosis was put in the basis of the decision, while the degree of visual acuity, despite being recorded, was not taken into account.  In case of taking visual acuity as a basis, A.G. would have to undergo expertise not by the RA Ministry of Defense 410 order 85b point, but rather by 85a point and would be recognized as not fit for military service and released from military service.

The RA Administrative Court neglected this fact and rejected the complaint against the decision on December 20, 2017. With their decision, the Administrative Court distorted the facts mentioning that the CMC recorded only the diagnosis, while in fact CMC recorded both the diagnosis and the degree of visual acuity, but made the decision based only on the first one. Central medical commission assessed only the medical documents and did not conduct additional examination. The same was done by the Administrative Court while it had the power to obtain facts and data by its own initiative.

By the decision of October 29, 2018, the RA Administrative Court of Appeal recognized the claim of the complainant reasonable in these terms and mentioned that the Administrative Court was not constrained in making checking examinations by its own initiative, but did not do it. The Court of Appeal also found it confirmed that the degree of the visual acuity of A.G. did not correspond to 85b point of the Order, which is also evidenced by the results of the examinations made in ophthalmological clinic named after Malayan. Based on the aforementioned, the decision of CMC dated July 31, 2017 was recognized null and void.

In their appeal complaint, A.G. and his representative also claimed to urge the Republican conscription commission to recognize A.G. as not fit for military service and release him from military service. In these terms, the Administrative Court of Appeal expressed its position that as long as CMC has not presented a conclusion, the Republican Conscription Commission cannot make such a decision.

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