Helsinki Citizens' Assembly-Vanadzor

With the support of HCA Vanadzor, two conscripts with mental health problems were granted deferral

April 11, 2024

Right to Protection of Health | Activities | Legal Support | Legal Support | Rights | Project։ Protection of the rights of conscripts and servicemen | Success stories | State Institutions

HCAV will provide free legal counseling in the summer 2024 call-up, just as it did during previous call-ups.

During the previous, i.e., winter 2023 call-up, 31 individuals applied to HCAV to have their rights protected; 28 of them raised the issue of having health problems. 

The CMC recognized two conscripts fit for military service, without taking into account their mental health problems.

 

 

G.N. applied to HCAV in December 2023. He was recognized fit for military service despite his health problems, in particular, nervous system problems. G.N. submitted complaints to the call-up commission about it, however, he was not referred to undergo any medical examination in the frame of the call-up. HCAV applied to the RA Ministry of Defense and the RA MoD Conscription and Mobilization Service 

 

  • to refer the conscript, based on his health state, to undergo relevant medical examinations,

  • to identify his real health state, 

  • to discuss his case during the CMC session only after proper examinations, and 

  • to make a decision on his fitness.

 

The MoD responded to our letter that one more CMC examination had been appointed for G.N., and as a result he was recognized as in need of treatment and was granted a 10-month deferral.

 

A.H., the other conscript, was granted a one-year deferral twice, in 2021 and 2022.. A.H. was diagnosed with mental health problems. No changes were identified in the conscript's health state and diagnosis in the frame of the examination carried out during winter 2023 call-up as compared to the examinations in 2021 and 2022. Yet, the conscript was recognized fit for military service. In the frame of this case HCAV also applied to the RA Ministry of Defense and RA MoD Conscription and Mobilization Service. As a result, the decision on A.H.’s fitness for military service was reviewed and he was granted a three-year deferral.

 

HCAV not only continues providing free legal support to conscripts, persons subject to military enlistment and reservists, but also

 assesses

  • the call-up organization process, 

  • the conduct of state bodies organizing conscription,

  • the application of legislation, 

 

identifies

  • shortcomings in the legislation regulating call-ups and, based on the findings,

presents 

  • proposals to the RA Ministry of Defense to establish more effective mechanisms for protection of conscripts’ rights during future call-ups.
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