Helsinki Citizens’ Assembly-Vanadzor

On April 18, 2024, by RA Government Decree No. 534-N, amendments were made to  articles 1, 14 and 55 of the RA Government Decree N 404-N of April 12, 2018   "On establishing the list of diseases that determine the degree of fitness of a citizen or serviceman for military service as well as on defining the conditions of military service contrary to the health condition of a citizen or serviceman".

 The amendments refer to various health problems impacting the fitness for military service of servicemen and conscripts. These problems include mental retardation, central nervous system defects such as cysts, and enuresis.

 Helsinki Citizens’ Assembly Vanadzor assesses the enacted amendments as negative for a number of reasons.

 Thus, until July 25, 2019, under Article 1 of the Decree N 404-N in the case of severe (profound) or moderate degree of mental retardation, conscripts were recognized as unfit for military service (point a) in case of mild degree of mental retardation in the presence of other forms of mental retardation independent of behavioral disorders, conscripts were recognized as temporarily unfit for military service (point b) and conscripts were recognized as fit for military service with a limitation (point c) with a diagnosis of "mild degree, without behavioral disorders, other mental retardation, socio-pedagogical retardation conditions"

 Thus until July 25, 2019, the conscripts having mental retardation were recognized as unfit  for military service and practically encountered some problems during the military service. By the way, in 2018, Helsinki Citizens’ Assembly Vanadzor undertook the protection of rights of a conscript, who was recognized to be fit for the compulsory military service as a result of not being subjected to proper and objective examination.

During his service, the serviceman's mental health worsened, leading him to commit self-harm. After the RA Government decree N 952 of July 25, 2019 on amendments and additions to the decree of the RA Government No. 404 of April 12, 2018 entered into force, the serviceman was discharged from the military service preterm.

Right now, the organization continues to appeal the legality of the decree to recognize the conscript fit for military service in court, citing unfair administration as the basis of the appeal.

By decree N 952-N dated July 25, 2019, point "g" of decree N 404-N of the Government of the Republic of Armenia, which stated "mild degree, other intellectual disability without behavioral disorders, socio-pedagogical neglect," was annulled. Meanwhile, point "b" stipulated that in the case of a diagnosis of "mild intellectual disability, other forms of intellectual disability regardless of behavioral disorders," conscripts were recognized as temporarily unfit for military service, and servicemen were recognized as unfit for military service.

 Thus, an amendment was made to the decree N 404 on July 25, 2019, which was favorable for the servicemen and conscripts, as servicemen who have mental retardation encounter many problems during military service in terms of properly performing their military duties.

 Meanwhile, on 18 April 2024, by the RA decision N 534, the provisions determining the degree of fitness for military service in case of intellectual disability were revised once again. Specifically, it was established that

• conscripts and servicemen with moderate, severe, and profound intellectual disability, as well as those with mild intellectual disability accompanied by behavioral disorders, other forms of intellectual disability, and unspecified intellectual disability are recognized as unfit for military service (point "a"),

• conscripts and servicemen with intellectual deficiencies without behavioral disorders, as well as those with learning and literacy issues, are recognized as fit for military service with limitations (point "b").

It follows that intellectual deficiencies and socio-pedagogical neglect, mild, other, and unspecified intellectual disabilities not accompanied by behavioral or adaptive disorders, as well as issues related to learning and literacy (low literacy levels, individual primitiveness), do not constitute obstacles to military service.

As a justification for the amendment, the author of this amendment, the Ministry of Defense of the Republic of Armenia, has cited the circumstance that, as a result of the modifications made in 2019, the number of conscripts recognized as unfit for mandatory military service due to the diagnosis of "intellectual disability" has increased. During the 2020 summer draft, 188 conscripts were recognized unfit due to this diagnosis, and during the 2022 winter draft, the number rose to 321 conscripts.

According to the Minister of Defense of the Republic of Armenia, Suren Papikyan, servicemen with "socio-pedagogical neglect without behavioral disorders" will not be included in combat duty, will be prohibited from operating vehicles and machinery, and will not be allowed to manage personnel. 

It is evident that these restrictions alone cannot ensure the effective fulfillment of military duties by servicemen with intellectual issues, nor can they prevent the deterioration of their health.

In fact, the enacted amendment has introduced a legal act that is unfavorable for conscripts and servicemen, worsening their rights and conditions.

According to the government, the purpose of this stricter amendment is to reduce corruption risks manifested through document falsification. However, it is evident that drafting individuals with health problems for military service cannot solve the problem of preventing corruption risks. On the contrary, manifestations of corruption in the defense system should be eliminated through institutional and systemic changes based on human rights and the principle of the rule of law. 

The other change, made by the Government of the Republic of Armenia on April 18, 2024, by decree No. 534-N, pertains to defects of the central nervous system (neoplasms, cysts, etc.). Specifically, if previously, conscripts and servicemen were found unfit for military service in case of central nervous system defects with moderate or minor functional impairments and slow progression, now the criteria have been tightened. Currently, only individuals with central nervous system defects characterized by moderate functional impairments and slow progression are recognized as unfit for military service (point "b"), whereas those with minor functional impairments, or without functional impairments or clinical manifestations of the same disease, are found fit for military service with limitations.

The Ministry of Defense cited the fact that if cysts of 0.5 cm or larger are present, even without clinical manifestations or pathological changes, conscripts are found unfit for military service. This highlights the awareness of the requirements of Government Decision No. 404-N of April 12, 2018, which has led to an increase in the number of conscripts exempted from military service due to this diagnosis when examined with modern equipment. Additionally, the justification for the project states that the results of MRI examinations, mostly initiated by the conscripts themselves, serve as the basis for examining and evaluating conscripts with this diagnosis. During the Government session on April 18, 2024, the Prime Minister noted that "it is sometimes impossible to verify that the medical examination confirming the presence of brain cysts actually pertains to the individual who underwent the examination, due to the application of corrupt mechanisms," which, according to the Prime Minister, results in conscripts being exempted from military service. According to the Ministry of Defense, during the 2023 summer conscription, more than 1,400 MRI examination results were submitted by citizens, out of which 737 conscripts were found unfit for military service. During the 2023 winter conscription, more than 1,000 examination results were submitted, and based on these data, 220 conscripts were found unfit for military service following health examinations and medical evaluations.

In such cases, rather than tightening the provisions for exempting conscripts with the specified health problem from military service—which could endanger their lives and health if the condition worsens during service—it is necessary to increase the financial resources allocated from the state budget for comprehensive examinations of conscripts. This would ensure a thorough assessment of all conscripts' actual health conditions and the identification of health issues through comprehensive examinations.

Regarding nocturnal enuresis (bedwetting), the legislative amendment made by the Government of the Republic of Armenia on April 18, 2024, by decree No. 534-N, stipulates that conscripts and junior non-commissioned officers previously found temporarily unfit for military service and prematurely discharged after undergoing examinations every six months, confirming the condition without symptoms of nervous, psychiatric, or genitourinary system diseases, are now found fit for military service with limitations and continue their service. It is evident that servicemen conscripted with this condition in the armed forces, even if assigned to special, separate units, are subject to stigmatization. This can lead to severe psychological conditions, depression, and stress, which in turn can negatively impact the effectiveness of fulfilling military duties.

As a justification for the draft amendment to the government decree, the Ministry of Defense of the Republic of Armenia presented data on 10 cases of nocturnal enuresis first detected during military service in 2022 and 33 cases in 2023. In these instances, servicemen, along with 66 other servicemen serving with an eased daily schedule, were prematurely discharged from mandatory military service.

In March 2024, Helsinki Citizens’ Assembly Vanadzor (HCA) sent a letter to the Ministry of Defense of the Republic of Armenia, emphasizing the necessity of leaving this provision unchanged, considering the relatively small number of servicemen discharged preterm from military service due to this condition.

However, the Ministry of Defense of the Republic of Armenia found it inappropriate to leave the provision unchanged, informing that "there have been no recorded cases of any serviceman with nocturnal enuresis being subjected to stigmatization, placed in a psychologically difficult situation, or attempting or committing suicide." 

It should be noted that as far back as 2018, when Government Decree No. 404-N established the provision for the fitness of conscripts with nocturnal enuresis for military service, issues related to stigmatization during service were recorded. For example, servicemen on leave were acutely aware that residents living near the military unit were aware of their health condition.

Therefore, we find that the changes made by the Government of the Republic of Armenia on April 18, 2024, by decree No. 534-N, are not in the best interests of conscripts and servicemen. These changes constitute a legal act that worsens the rights of conscripts and servicemen, as the modifications include recognizing conscripts with mental retardation as fit for military service, which carries risks of deteriorating their health. Additionally, recognizing conscripts and servicemen with nocturnal enuresis as fit for military service will place those with such conditions in a more severe psychological state due to actual manifestations of stigmatization against them.

Regarding the diagnosis of cysts, the organization believes that conscripts should undergo comprehensive medical examinations funded by the state rather than leaving this responsibility to the citizens. Additionally, it is necessary to include expensive medical examinations in the list of tests for conscripts to avoid incomplete and non-objective assessments. This would prevent conscripts from being erroneously found fit for mandatory military service, thereby mitigating the risk of deteriorating their health and violating their rights. 

Ultimately, it does not withstand scrutiny to try to address the issue of preventing alleged corruption crimes by implementing such changes at the expense of worsening people's conditions.