Helsinki Citizens’ Assembly-Vanadzor

This REPORT presents the state of protection of the rights of conscripts, persons subject to military registration and persons registered in the reserve force. It is the result of a study conducted by the HCAV during the summer and winter conscriptions of 2023.

Taking into account the fact that starting from 2021, periodic training gatherings were held in the Republic of Armenia, the Report also refers to the problems raised by the persons listed in the military reserve force who applied to the Organization during the considered period (from April 17, 2023 to January 31, 2024). 

The report also records the issues raised by citizens subject to military registration and who did not complete military service in violation of the law during the reporting period from April 17, 2023 to January 31, 2024.

During the 2023 summer and winter conscriptions, all individuals who applied to  the Helsinki Citizens' Assembly Vanadzor  received oral consultations. Additionally, legal assistance through written procedures was provided to 35 individuals, including 24 conscripts, 10 persons registered in the reserve, and 1 person subject to military registration. In this context, 41 letters were sent to the Ministry of Defense of the Republic of Armenia, the Ministry of Health of the Republic of Armenia and Conscription and Recruitment service of the Ministry of Defense of the Republic of Armenia. 

Of the 24 conscripts, the issue for 22 of them was related to health problems, the legitimacy of their fitness for military service given these problems, and the comprehensive examination of their health condition. One individual's issue referred to obtaining and extending the validity of a passport to study abroad during a deferment period. Another individual's issue involved artificial obstacles created by medical institutions for conducting health examinations at his own expense, because he was a conscript.

The problem of 5 of the 10 reservists who received legal support through the written procedure was related to the change of the time period for participation in training gatherings, 2 - to being recognized as subject to training gatherings due to health conditions, 2 - to participation in training gatherings due to work, 1 - to the legality of calling training gatherings. 

In the case of 1 person subject to military registration transferred from the republic of Artsakh, an application was sent to RA Ministry of Defense Conscription and Recruitment service, regarding the latter’s military registration. 

Out of 97 conscripts who applied to the organization. 

4 were found unfit for military service,

4 were found as temporarily unfit for military service,

7 was granted deferment from military service for a period of up to 1 year (5 months, 6 months or 10 months);

As a result of the appeal of the conclusion of the Central Medical Committee (CMC) regarding 5, a decision was made to submit them to the next draft.

In the passport of 1, the period of permission to stay abroad was extended for the purpose of participating in an informal educational program,

13, not agreeing with the results of the medical examinations, appealed the conclusion of the Central Medical Committee on fitness for military service. 

The organization continues to provide legal support to the mentioned conscripts within the criminal proceedings․ 

Out of 64 individuals registered the reserve who applied to the organization

3, who were not subjected to complete medical examination within the framework  of being involved in training gatherings of the reserve, based on the applications of the Organization have been referred for medical examinations according to the relevant complaints, as a result of which, it was decided that they should participate in the training gatherings, 1, who is a student, based on the Organization’s application, has been involved in the training gatherings after completing the  final examinations of the university. 1 was found unfit  for the  training gatherings due to health problems.  

RECOMMENDATIONS 

Considering the fact, that periodic problems during organizing and conducting the conscription occur, and continually are recorded during each draft, that are not solved up to date, we present the relevant recommendations.

1. To conduct effective and high-quality medical services within the framework of free state medical care, including magnetic resonance imaging and other laboratory or instrumental examinations, which will ensure the effectiveness of identifying health problems of conscripts.
2. To ensure the right to privacy of a person’s medical state when conducting a medical examination 
3. To exclude the practice of not recording the complaints raised by conscripts. Regardless of the results of further examination of these complaints, they should be properly recorded in the acts of examination of the person's health condition.
4. Take into account the nature and characteristics of seasonal diseases, and only based on it to make an appropriate decision.
5. To ensure a referral for the all necessary medical examinations in order to a make a right and real decision about the fitness of the conscript 
6. To exclude the practice of certain medical institutions of not examining male citizens who have turned 18 without presenting referral due to their age and the fact of being conscripts. 
7. Conduct a medical examination of the conscript with several health problems, addressing all problems, and provide a conclusion regarding the conscript's health condition in relation to all problems, regardless of the fitness decision based on a single problem. 
8. In the presence of 5 or more diseases in a person, consider not only the number of diseases but also the potential burden and overall health condition of the individual, taking into account the possible deterioration when several diseases are present simultaneously.
9. When defining the provisions determining the degree of fitness, take into account the severity of the individual's health problems.
10. To clarify the concepts of " protracted" or "difficult to treat" in the list of diseases determining the degree of fitness of a citizen or serviceman for military service and define specific dates or periods for each disease.
11.  In the explanatory part of the RA Government's 2018 decree N 404-N, align the procedure for the examination of articles with the imperative provision operating in Appendix 1 of the same decision. For example, Appendix 1 of the RA Government's April 12, 2018, decision N 404-N imperatively defines that individuals with a single testicle, including those examined under columns four and five, should only be examined under Article 58, point "a," and not under point "c," as defined in the explanatory part of Article 56, which states "for columns four and five, point "c" of Article 58 is applied," meaning that such individuals are found fit for military service.
12. Taking into account the obstacles that mental health problems pose to the effective performance of military duties by servicemen, and emphasizing the prevention of the deterioration of servicemen's health, adopt a favorable legal act for conscripts and servicemen, exempting those with "Intellectual disability, learning difficulties" from military service.
13. Do not base the application of the provision for brothers to serve in the same military unit on the fact that the unit where the brother is currently serving is not scheduled for reinforcement or on the specialization of the conscripted brother. Instead, provide an opportunity for brothers to serve in the same military unit.
14. In all legal acts, to replace the term “Military Commissariat" with the term “Territorial unit of the Military Conscription and Recruitment Service".
15. To implement decent, objective medical examination of the persons registered in the reserve within the framework of announced training gatherings or mobilization draft.  
16. During conscription or announced training gatherings  to take into account the military profession of the persons registered in the reserve. 
17. To implement complex examinations of the conscripts and persons registered in the reserve in order to reveal the real condition of their health.