Brief information on the results of legal advice by HCA Vanadzor during the call-ups of winter 2016 and summer 2017
11:36, August 8, 2017 | News, Own news | Rights of Soldiers/Recruits | Armed Forces
During the call-ups in winter 2016 (December 2016 – February 2017) and summer 2017 (May-July 2017), 50 conscripts or conscripts’ family members turned to HCA Vanadzor. Also, 5 persons of pre-conscript age to be drafted during the next call-ups turned to the Organization.
42 out of the 50 conscripts who turned to the Organization raised problems related to improper medical examination and disagreement with the medical report on their state of health. The medical records of those conscripts were examined by the medical expert of the Organization; based on the findings of such examination, the Organization sent 18 letters to the RA Ministry of Defense and 1 letter to the RA Ministry of Health. Besides, a letter was sent to the RA Central Medical Commission and the Military Registration and Enlistment Office of Vanadzor.
4 conscripts sought clarification on the citizenship and 2 persons – on the grounds for deferment and exemption from service /family status, state of health and continuation of studies/ under the RA Law on Liability for Military Service as well as legal advice and clarification on their rights as prescribed by law; 1 person sought clarification on doing his service near his place of residence and another person – on avoiding service by violating the established procedure.
Four of the 5 pre-conscripts raised a problem related to improper medical examination and disagreement with the medical report on their state of health. One of them also asked whether his brothers might be drafted into the same military unit and another one asked about the legal consequences of avoiding service by violating the established procedure.
As a result of legal assistance through written procedure, 4 persons were granted a deferment for up to a year and 3 other persons were declared temporarily non-fit for military service, one of which faced criminal proceedings on the grounds of avoiding service. By the way, the conscript underwent a forensic medical examination, but because of disagreeing with its results, he appealed them. As a result another forensic medical examination was assigned as there were discrepancies between his state of health and the data in his medical records.
19 out of the 42 applicants with health problems were declared fit for military service /combatant service or service with limitations), but as they did not agree to their health examination results, they refused to be drafted during those call-ups. Criminal cases were initiated against them and the Organization took on appealing before courts of law the decisions on their fitness for military service.
Another 19 persons were drafted to the army despite their health problems, but the Organization still continues to provide legal assistance on the cases of 2 of them. 7 of them were declared fit for combatant service and 11 – fit for military service.
One person’s case was not addressed by his own wish to avoid any possible problems in the future.