The decision on declaring serviceman fit for military service will be disputed before the Administrative Court
16:46, January 21, 2017 | News, Own news | Rights of Soldiers/Recruits | Armed Forces
As reported before, Helsinki Citizens’ Assembly-Vanadzor disputed the RA Central Military and Medical Commission’s decision on declaring serviceman Razmik Petrosyan with health problems fit for military service taken at the session of March 3, 2016.
By the said decision, the Commission stated that due to a slight disorder, the serviceman was unable to wear standard military boots and he would be allowed with an exception to wear non-standard boots. However, this does not follow from any legal act; a serviceman is either able or unable to wear military boots and in the 3rd case, the conscript is considered unfit for military service.
The RA Administrative Court did not properly examine the claim submitted by Razmik Petrosyan’s representative Arayik Zalyan, Lawyer at HCA Vanadzor, and by making groundless conclusions rejected it on October 7, 2016. It is noteworthy that by the said ruling, the court did not consider the disputed act to be an administrative act.
Following the appeal against the administrative ruling of the Administrative Court, on December 1, 2016, the RA Court of Administrative Appeals expressed a position that the Administrative Court misapplied the provisions of the RA Administrative Procedure Code and the grounds and rationale of the appeal were sufficient to grant it.
The Court of Appeals also referred to the lower court’s conclusions on the nature of the disputed act noting that without examining the disputed act it was impossible to make such conclusions and the more so to assess its lawfulness in its absence. And before making conclusions, the court was obliged to take measures to make sure that the decision was filed to the case.
In addition, HCA Vanadzor submitted a crime report on the unlawfulness of the commanders’ decision on organizing R. Petrosyan’s military service in non-standard boots, but A. Kobalyan, Investigator at the 7th Garrison Investigation Division of the General Military Investigation Department, RA Investigative Committee, refused to initiate criminal proceedings. The decision was appealed before a court of law. The Court of Criminal Appeals scheduled the court hearing for January 23, 2017.