RA MoD Central Medical Commission recorded only some of the conscript’s health problems and found him fit for military service
18:49, March 1, 2017 | News, Own news | Rights of Soldiers/Recruits | Armed Forces
The RA MoD (Ministry of Defense) Central Medical Commission’s decree on one more conscript who consulted the Organization is challenged before the RA Administrative Court, with the support of Helsinki Citizens’ Assembly-Vanadzor.
By the Central Medical Commission’s decree of July 28, 2016, conscript V. H. was found fit for military service with limitations, despite his health problems incompatible with such service, and he refused to present himself for the conscription.
When making the said decree, the Central Medical Commission neglected a number of the conscript’s health problems in violation of the provisions on its competence as set by law and mentioned only some of them in its opinion, which according to Article 26(D) of the RA Defense Minister’s Order 410-N (2013) on Approving the Procedure for Expert Examination of Health Status of Conscripts and Persons Liable for Military Service is a basis for finding the conscript fit for military service with limitations.
Whereas if all his health problems were considered, other paragraphs of the said Order would apply and particularly Para. C and E of Article 26 which would serve basis for finding V. H. temporarily unfit for military service or granting him a deferment.
Thus, before the RA MoD Central Medical Commission made a decree on his fitness to military service, the conscript underwent medical examination at cardiology unit of ‘Armenia’ Medical Center and then at the Cardiology Research Center; in both cases, he was diagnosed with the health problems that comply with the said provisions of the Order.
Moreover, apart from the fact that the Medical Commission did not rely on the accurate and complete findings of those studies, the examinations to identify a number of other health problems linked with and resulting from those diagnosed were also incomplete, which led to the baseless decision.
Nevertheless, by the Central Medical Commission’s decree, the conscript was again found fit for military service with limitations and was drafted in January 2017.
Neither the conscript, nor his representative was provided with the decision on drafting him to the army; in these terms, the latter submitted a relevant note to the RA Military Commissioner.
The RA Administrative Court admitted V. H’s claim submitted with the support of HCA Vanadzor on annulling the Central Medical Commission’s decree of July 28, 2016 and scheduled a court hearing for March 15, 2017.