The Military Prosecutor’s Office disregards the decision made by the Chairperson of the Central Military Medical Commission and continues the criminal prosecution against the conscript15:57, December 6, 2017 | News, Own news | Rights of Soldiers/Recruits | Armed Forces
Conscript V. H., who has been receiving regular deferment since 2014, was recognized as fit for military service with some restrictions by the RA Central Military Medical Commission in January 2017. However, the conscript, disagreeing with the decision, refused to leave for military service.
Based on the contradictory conclusions of the forensic-medical examination appointed within the framework of the criminal case initiated on the grounds of avoiding military service, V. H. showed up at yet another session of the Central Military Medical Commission on July 25, 2017 and was once again recognized as fit for military service. With those existing contradictions, the conscript should have been referred to other examinations and only based on the conclusions of those examinations could the Central Military Medical Commission make a final decision on recognizing the conscript as fit for military service.
On the basis of V. H.’s representative HCA Vanadzor advocate S. Soghomonyan’s appeal addressed to V. Sargsyan, the chairperson of the RA Conscription Commission and defense minister, Henrik Muradyan, the head of the RA Central Military Medical Commission and RA military commissioner, assigned to examine V. H.’s health condition and present it at the Central Military Medical Commission session during the winter conscription.
Taking as a basis the fact that the decision of the Central Military Medical Commission was appealed by the administrative procedure and the filed appeal was upheld, S. Soghomonyan, V.H.’s defender, filed a motion to the body conducting the proceedings to terminate the criminal case initiated against V. H. and halt the criminal prosecution against him. However, the body conducting the proceedings rejected the motion, claiming that with the existing health issues, V. H. was anyway subject to conscription, and he avoided military service. However, V. H. just took advantage of his right to appeal the decision in regard to him, and his health condition should still be examined.
The decision of the body conducting the proceedings to reject the motion was appealed at the Garrison Military Prosecutor’s Office of Lori Province. However, the Military Prosecutor’s Office, not examining the appeal properly, rejected it and sent the criminal case with the indictment to the First Instant Court of Lori Province.
A motion to terminate the criminal case and halt the criminal prosecution will be submitted to the Court.