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Under provision of legal assistance to conscripts and their families, HCA Vanadzor often identifies cases when persons with health problems incompatible with military services are drafted to the armed forces. Usually, persons with various health problems are declared fit for military service with limitations and it is not often clearly defined what extent of physical activity is prescribed for what health problems.

In these terms, starting as back as from 2012, HCA Vanadzor has sent relevant inquiries to the RA Ministry of Defense. In response to them, the defense department first informed that there was no prescribed procedure available, then they said that it was under development and in recent years it became clear that there is a relevant guide available, but it is not subject to publication.

In response to HCA Vanadzor’s inquiry of October 12, 2016, the RA Ministry of Defense again refused to provide a copy of the guide on the characteristics of military service restrictions, permissible physical exercises and restrictions on appointment to military service positions approved by the RA General Headquarters of Armed Forces on January 15, 2014.

G. Hayrapetyan, Chief of Staff of the Ministry, justified the refusal by the fact that the required information constituted state secret and referred to the RA Law on Freedom of Information (The information holder [….] refuses to provide information if it contains state, official […] secret).

According to him, the requested information implies “a list of positions revealing the organizational structure of the RA armed forces,” that, according to the RA international commitments, is not subject to open publication. The latter, however, does not comment on how information on restriction on occupying certain offices for health problems or the list of those offices may reveal the structure of the RA Armed Forces.

It should be added that the RA Ministry of Defense also mentioned the said guide in its response to the Organization’s inquiry of October 23, 2014 on the differences of front-line military service and military service with limitations and the legal acts regulating them and again noted that the requested information was not covered in the above guide enforced by a secret order.

HCA Vanadzor finds that considering the required information a state secret does not comply with the principles of the legal state, as it defines provisions related to the rights of military servicemen and in these terms limited provision of information is not necessary for reasons of security in a democratic society.

HCA Vanadzor applied to the RA Administrative Court with the requirement to compel the Ministry of Defense to provide the information. The court admitted the claim.