Helsinki Citizens’ Assembly-Vanadzor

“The one who has the money, can be released, and someone who has not, should serve with a problem?” 

The family of Nelli Davtyan was devastated when they received a summons for their son’s conscription.

Erik Avagyan, a 21-year-old young man, was found temporarily unfit for military service three years ago. He has had an eyesight problem since childhood, says the mother, who has taken his son to medical examinations since childhood, has followed the rules prescribed by eye doctors and is very saddened that her son can not become a sportsman due to the serious eyesight problem. Erik does not want to talk, instead, his mother, who literally knows all his son’s medical documents, claims that her son can not serve in the army.

“According to law, persons having +7.5 eyesight are released from the army, but as Erik has about +7, they think he should serve. But the doctor says, there is no difference between having 7 or 7.5 eyesight, he has farsightedness, which fluctuates, even at the age of 6, he had 8.5 farsightedness, they have the questionnaire.” Davtyan said in an interview with "Azatutyun".

If three years ago, the military commission concluded that the young man’s eyesight is +8, high farsightedness, and must receive a three-year deferment, then this time they concluded that 8 has become 7 and decided that he is fit for military service with restrictions. 

“Now they write with restrictions, but how can I be sure that it will be like that, as I often hear that there is no restriction” the mother expresses concern.

The doctors of the military commissariat have not responded clearly to the question of a worried mother. How could his eyesight be improved if the equipment again showed 8, but the doctor has recorded 7 in the papers. This already means that the young man is eligible for military service.

The doctor says “Each of us can see differently, I can see 6.5, you 7,  "Well, I say, let's rely on the device," says Nelly Davtyan.

However, the mother, not agreeing with the conclusions, took his son to a private medical facility, paid, and heard another conclusion. The answer was high farsightedness with indicator 8 and heard the doctor’s conclusion that the boy should be discharged from military service.

I went to the military commissariat and talked with the head. I said how it could happen that the hospitals you referred my son to state that he is fit, then I take him to Malayan, and their doctors say that he is not fit for military service,”  Erik Avagyan's mother raises the question.

The military commissariat's response was one: you can go to court. The mother will do so, but until then, she says, she would like her son to serve, she's just not sure it would be good for her son, moreover, she fears that her son's health will worsen even more in the army. 

"I love my homeland and I would like my son to be healthy, there would be no problem, but since he has eyesight problems and has been exempted due to this problem, I do not want my son to serve," said Nelly Davtyan.

Years ago, his son's eye doctor urged them to release their son from physical education classes and explained that physical exertion is forbidden for him.

The mother is consistent that on January 17 his son will go to the military commissariat but will write that he refuses to serve. In that case, criminal liability is waiting for him, however, this does not deter the family from their intention to achieve justice. 

Nazeli Movsesyan, the human rights defender of the Helsinki Citizens’ Assembly-Vanadzor, which provides legal support to the mother and her son, emphasizes that the state continues to conscript young persons with health problems to the army. We have already received 30 complaints during this winter conscription. 

The problems are very much alike to the problems, which we have recorded during the previous conscription, said Movsesyan in an interview with “Azatutyun”.

Months ago, the government restricted the conditions of being discharged from military service, lessening the opportunities of being discharged from military service and granting deferment due to health problems. The purpose of this was to reduce corruption risks. 

"They must carry out effective, comprehensive, and objective medical examinations, the real health condition of conscripts must be reflected in their health papers and certainly, both the medical facilities and military commissariats have no authority to present wrong or incomplete results regarding the health condition.” said the human rights defender.

However, the Ministry of Defense opposes saying that they are ready to listen to any complaint and resolve it within the framework of the law. Moreover, the conscript has the right to appeal the conclusions regarding the health condition. Erik Avagyan and his mother are determined to act like that.