Helsinki Citizens' Assembly-Vanadzor

A person with mental health problems was drafted for compulsory military service, where he committed a self-injury

January 19, 2023

Project։ Protection of the rights of conscripts and servicemen

In the judicial case that lasted from 2018 until 2021, Helsinki Citizens’ Assembly-Vanadzor undertook protection of Y.B. in court, since he had received an illegal unsubstantiated decision on his health state, based on which he was unlawfully sent to compulsory military service. A claim was lodged with the court to recognize illegal the conclusion on his health state, which was rejected.

 

HCAV advocate H. Hakobyan addressed the complaint to the Appeal Court, claiming to fully overthrow the RA Administrative Court’s judgment of 15.04.2021, based on the fact that despite having mental health and other health problems, Y.B. was not subjected to proper and objective examination by the CMC. As a result, without undergoing a proper examination and check-up of health problems, Y.B. was sent to compulsory military service, during which, the serviceman’s mental health problems aggravated, new health problems emerged, and Y.B. made a self-injury. 

 

The Appeal Court examined the complaint grounds, arguments and the claim, and partially upheld it and sent the case to court for a new examination. 

 

 Due to aggravation of mental health problems during the service, Y.B. resorted to a self-injury. This proves once again that the CMC does not take the necessary measures to make a lawful decision, as a result of which the serviceman’s life and health are at stake. The studies conducted by HCAV show that at least over the past 5 years, 20-25% of death cases in the Armed Forces are caused by health problems.

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