Helsinki Citizens’ Assembly-Vanadzor

T.A., resident of Ararat region, was conscripted to the armed forces without undergoing comprehensive medical examinations. His father informed about this in his application addressed to HCA Vanadzor, expecting legal support in the matter of reviewing the legality of his son’s conscription. As he presented, his son had been conscripted in January 2019 without undergoing full medical examination, while his son has respiratory problems and documents confirming this. In particular, he has asthma attacks caused by dust, cold air and certain types of food. The medical commission did not take into consideration not only this condition, but also the medical document given to him when he was studying in Italy in 2018, certifying that T.A. had  gastropathy of unknown origin, bronchospasm syndrome and stress asthma.

On 12 December 2019, HCA Vanadzor sent a letter to the RA Minister of Defense Davit Tonoyan, asking to conduct the boy’s comprehensive medical examination and if necessary, organize his treatment and in general, review his fitness for military service. 

In the letter, HCA Vanadzor pointed out a number of conditions that should have been taken into account during the call-up. Despite numerous symptoms, no specific diagnosis of asthma was given during the examinations. Whereas, Article 25 of RA Government’s decision No. 404 clearly establishes, “the diagnosis is made in stationary conditions after a comprehensive examination and it must also be confirmed by other medical documents”.  None of them was implemented during the call-up or during the military service. Moreover, 1 month after being conscripted, T.A. started to manifest allergic reactions from a number of drugs. T.A. uses inhalator drugs and though they alleviate his state, they can be contraindicated. Ignoring all these conditions, the Central Military Medical Commission recognized T.A. fit in accordance with a number of Articles of RA Government’s decision No. 404-N. Though later, in February 2018, a specialist gave an instruction of treatment in the objective examination paper, according to Article 25 of the above-mentioned decision of the Government, the Central Medical Commission did not even conduct T.A.’s examination under this Article.  

On 10 January 2020, MoD Deputy Secretary General informed HCA Vanadzor  that T.A. was conscripted to the armed forces of the Republic of Artsakh by a number of clauses of appendix 1 of the RA Government’s decision No. 404-N, with the conclusion “fit for military service with limitations”. According to the response letter sent by MoD, on 25 December 2019 T.A. underwent an outpatient examination in the military unit and in the state medical center of the Ministry of Health of the Republic of Artsakh. As a result of the examinations conducted there and narrow professional consultations, the following diagnosis was given, “mitral valve prolapse without mitral regurgitation”. Not being in need of stationary treatment, it was advised that he observed the restrictions envisaged by the disease article in the military unit.

Not being content with the response of the MoD Deputy Secretary General, on 29 January 2020, HCA Vanadzor sent a letter to the RA Minister of Defense Davit Tonoyan by particularly drawing attention to all the conditions that were addressed in the previous letter but were ignored by RA MoD Deputy Secretary General. Instead of discovering the objective picture of the health problems of the serviceman, as they were addressed in the previous letter, T. Gharibyan found it sufficient just to mention that T.A. conscription had been legal, a relevant diagnosis had been given as a result of medical examinations, and that there was no need for stationary treatment. HCA Vanadzor pointed out the important condition that T.A. had not undergone proper medical examination during the call-up or military service and the medical documents confirming his health problems, including the ones provided by a foreign medical institution, had been ignored.

In the second letter, HCA Vanadzor demanded from the Ministry of Defense to immediately organize T.A.’s medical examination and treatment, and in case of the impossibility of the latter, to review the legality of his fitness for the military service.  

Not receiving a response in the established timeframe, HCA Vanadzor applied to RA Minister of Defense Davit Tonoyan by sending him a letter for the third time. The Organization claimed from the Minister to immediately address the issue and presented numerous conditions recorded during the pre-conscription and conscription period that give ground to suspect that the serviceman had bronchial asthma.

Noteworthy citations were made from his medical record. According to it, on different days the serviceman had asthmatic deterioration and drug allergy. According to the same document, T.A. was hospitalized many times for bronchial spasms, he always used inhalators prescribed in case of bronchial asthma, he regularly had respiratory system disorders, in particular, pneumonia and rhinosinusitis.

In the third letter, HCA Vanadzor particularly drew MoD’s attention to 19-23 April 2019 period of T.A.’s history of disease, according to which, the treating doctor made notes about T.A.’s allergic reactions from paracetamol and ketonal drugs, and prescribed diclofenac, which, too, is a non-steroidal anti-inflammatory drug and which, too, caused allergic reactions and the resuscitationist  made a note about this. Not taking into account the presence of asthmatic manifestations, only T.A.’s allergic reactions from drugs were written in the medical record book. Central Medical Commission ignored all this and did not examine T.A. even under Article 25 of decision No. 404, whereas, based on the above-mentioned, clause B of that very Article should have been applied to him.

Thus, HCA Vanadzor again demanded from the MoD to immediately organize detailed and complete examination of the serviceman’s health state in order to discover and treat bronchial asthma, and in case of it being impossible, to review the legality of his fitness for military service.

In 2020, the Central Medical Commission made a decision to discharge T.A. from the military service ahead of time.