Court’s legal assessments on commanders’ illegal decision on the military serviceman: “Ordering non-standard shoes might not be regarded as a socially dangerous act”
14:09, November 4, 2016 | News, Own news | Rights of Soldiers/Recruits | Armed Forces
As reported before, on October 19, 2016, the General Jurisdiction Court of Lori marz (region), having considered HCA Vanadzor’s appeal against the decision on rejecting initiation of criminal proceedings based on the crime report on commanders’ illegal decision on serviceman Razmik Petrosyan, ruled to reject it.
Note that serviceman Razmik Petrosyan spent most of his service time in military hospitals because of the swelling and corns on his feet as he was unable to wear military boots and do his service. Another decision of the Central Military and Medical Commission confirmed that he was unable to wear standard military boots and the military commanders, without any relevant order of the Minister, decided to provide him with non-standard military boots which was however illegal.
A. Kobalyan, investigator at 7th Garrison Investigative Division of the General Military Investigative Department, RA Investigative Committee, rejected to initiate criminal proceedings on the crime report submitted by HCA Vanadzor due to the lack of elements of crime.
By its ruling on the appeal, the Court found that when making the said decision, “the investigator met the requirements of the substantive and procedural law and no violations of the person’s rights and freedoms were found.”
The Court agrees with the investigator and finds that “ordering non-standard shoes for the military serviceman might not be regarded as a socially dangerous act as it contained no elements of crime.” At the same time, by invoking a number of provisions of the RA Criminal Code and Criminal Procedure Code, the Court found that the investigator took all the possible procedural actions within his powers to establish the said circumstances but detected no case of crime.
HCA Vanadzor will appeal the court’s ruling under the procedure as prescribed by law.
It should be added that Razmik Petrosyan still does his service despite his health problems incompatible with military service.
Also, HCA Vanadzor applied to the Courts of Appeals to annul the decision of the RA Central Military and Medical Commission of March 3, 2016 on declaring R. Petrosyan fit for military service, but the Court rejected to admit the claim on the grounds that it was not subject to examination at the court of appeals.
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