The Court demanded that Central Medical Commission submitted grounds for declaring the conscript fit for service
16:33, July 22, 2017 | News, Own news | Rights of Soldiers/Recruits | Armed Forces
On July 20, 2017 the RA Administrative Court resumed examination of the claim of conscript T. M. and his representative S. Soghomonyan, lawyer at HCA Vanadzor, against the RA Central Medical Commission’s decision on T. M.
By their claim, they demand to annul the CMC’s decision of January 30, 2016 by which the Commission ignored the diagnoses on the plaintiff’s health, applied the relevant provisions of the RA Defense Minister’s Decree № 410-13 and declared the plaintiff fir for military service with limitations. Whereas given his health problems, other provisions of the same Decree are applicable; according to such provisions, T. M. might get at least a 1-year deferment.
Also, the Commission based its decision on the findings of the forensic medical expert examination but it had no right to do so.
The defendant party did not attend the pre-trial court hearing of July 20 and did not submit any response to the claim either.
T.M.’s representative S. Soghomonyan presented the substance and grounds of the claim. Then, considering that the issue under consideration concerned a contest claim and in that case the burden of proof was borne by the defendant party, the Court ruled to demand from the defendant RA Central Medical Commission the materials of the administrative proceedings underlying the decision on the conscript’s fitness for military service and based on that postponed the court hearing.
The next court hearing is scheduled for September 27, 2017, 12 pm.