With the support of HCA Vanadzor, 2 conscripts and 1 serviceman with health problems were exempted from military service; 3 more were declared as temporarily unfit for military service and were granted a deferment17:28, August 10, 2018 | News, Own news
During the summer call-up of 2016, with the support of HCA Vanadzor, one person with health problems was granted an early discharge from military service; 1 more conscript was declared as unfit for military service; 2 conscripts were declared as temporarily unfit for military service, and 2 conscripts were granted a deferment of 5 months. Criminal cases were initiated against three of them on the ground of military service evasion although all of those persons did not agree with the results of their health examinations.
In January 2018, it turned out that B. B., who was conscripted to Yerevan’s Central Clinical Military Hospital immediately after being declared as fit for military service with certain restrictions due to health problems, had problems with pulse pressure and heart problems. During the whole course of military service, the serviceman was in different hospitals. After the provision of stationary medical assistance to the conscript and his being subjected to examinations, on April 10, 2018, he was discharged from hospital, and the doctor informed that he would be exempted from physical activity in the military unit for a month. However, on the following day, he was involved in actions implying physical activity, including running, after which he felt worse again and was continuously under the supervision of doctors. Finally, after the examinations conducted in medical institutions, the Central Military Medical Commission declared him as unfit for military service although B. B. continued performing military service until July 27, 2018. On July 27, he again underwent an examination by the CMCC (Central Military Medical Commission). During that examination, he was informed that he was declared as unfit for military service.
HCA Vanadzor has been carrying out the defense of B. B.’s rights since March 2018. HCA Vanadzor has applied to the former and the current Minister of Defense of the RA with regard to the issue of conducting examinations of his state of health and, if necessary, the issue of reviewing the lawfulness of his being declared as fit for military service.
HCA Vanadzor has been involved in the defense of conscript E. G.’s rights since 2017. He was declared as temporarily unfit for military service yet in 2014 and was granted a deferment of three months. And in 2017, without any argumentation and without any changes in his state of health, he was declared fit for military service under another point of the same article of the same order. Not agreeing with the decision of the CMC, he refused to leave and start performing military service, in connection with which a criminal case was initiated.
In 2018, examinations were conducted, the results of which also contradicted the results of the forensic medical examination, which was appealed by HCA Vanadzor advocate S. Soghomonyan on April13, 2018. A request was put forward to conduct new examinations and to make a decision on E. G.’s fitness for military service on the basis of that.
RA Military Commissar H. Muradyan upheld the appeal filed, informing that the conscript would be examined again during the summer call-up of 2018 in order for a decision on his fitness for military service to be made. However, during the mentioned period of time, no examination was conducted, and the conscript was not called to the military commissariat. In that regard, HCA Vanadzor advocate S. Soghomonyan applied to A. Tumanyan, Military Commissar of Vanadzor of the RA MoD, on July 13, 2018. However, the Commissar provided a vague answer, mentioning again that the conscript’s personal file was not at their disposal; it was with the body conducting the proceedings. Nevertheless, during the summer call-up of 2018, E. G. was summoned to the session of the Central Military Commission, and a decision was made on declaring E. G. as unfit for military service.
HCA Vanadzor has been involved in conscript A. H.’s defense since 2017.
In December 2017, A. H. underwent medical examinations and was granted a deferment of up to one year for the purpose of treatment (for 5 months) under Point D of Article 12 of Order No 410-13 of the RA MoD. However, having examined the conscript’s documents, we found out that the Central Medical Commission did not examine the conscript properly during the session held on 18.01.2018, and there was a need to examine him again and to render a decision on his fitness as, before reaching the conscription age, A. H. had undergone examinations of his state of health in regional policlinics and he had been diagnosed with a different disease. With regard to that, advocate at the Organization S. Soghomonyan filed an appeal on annulling the decision of the Central Medical Commission of 18.01.2018, referring the conscript for additional examinations and rendering a new decision on his fitness.
During the examination, the Central Medical Commission did not take into account the degree of the impairment of the functional impairment of the upper and lower limbs, which, in accordance with the medical acts, was moderate. The Commission examined the conscript under Point D of Article 12 of Order N 410-13 of the RA MoD. Under the above-mentioned order, people are examined under Point D after acute diseases without organic infections, and the conscripts are granted a deferment of up to one year, and the servicemen are granted a discharge or a leave. However, the consequences of the infectious diseases of the central nervous system (viral, bacterial) and the infectious allergic diseases, the organic infections of the brain and the spinal cord with a moderate impairment during common infections, acute and chronic intoxications are examined under Point D of the same article. That is, the examinations of A. H.’s state of health were conducted incompletely; the diagnoses given after the examinations were partly reflected in the decision rendered by the Military Commissariat about A. H.’s fitness for military service on 18.01.2018, in the case of which there was a need to refer the conscript for examinations and to render a new decision on his fitness.
After all, during the 2018 summer call-up, he was declared as unfit for military service under another article, i.e. Article 14 b of the RA Government’s Decision No 404.
HCA Vanadzor has been involved in conscript R. M.’s defense since the winter call-up period of 2017.
He was declared as fit for military service with serious problems during the summer call-up of 2017 but refused to leave and start military service. It became clear from the study of the medical papers that the main problems the conscript had were not taken into consideration and were not identified. Other problems were identified following the new examinations conducted in the framework of the criminal case initiated on the ground of military service evasion. Those problems were confirmed in several institutions and, at the time of the summer call-up of 2018, under the decision completely different from the previous diagnosis and the decision of the Central Medical Commission R. M. was declared as temporarily unfit for military service and was granted a deferment of 3 years.
HCA Vanadzor has been involved in the defense of M. H.’s rights who had vision problems since 2017. He was granted a deferment of 5 months in January 2017 for the purpose of treatment, which was not implemented during those months. Without receiving any treatment and having an acute deterioration of vision, during the next call-up, on June 14, 2017, the conscript was declared by the Central Medical Commission fit for military service with certain restrictions. The conscript did not agree with that decision and did not leave to start military service. In that regard, in the framework of the criminal case initiated on 25.08.2017, a forensic medical examination and a complex military medical examination were scheduled for 01.11.2017. Pursuant to the results of that examination, there were considerable differences between the results of the examination conducted at the stage of conscription and those of the forensic medical examinations scheduled in the framework of the criminal case initiated against him. During the examinations of the conscript’s state of health, there were certain differences between the diagnoses established in in-patient stationary institutions; in particular, the degree of the vision problem defined by one medical institution differed considerably from the data of the examination conducted in another medical institution, which, according to the assessment of the forensic medical examination, could be conditioned by subjective factors /various instrumental examinations that are being used/. On the basis of the data of the examination of M. H.’s state of health, the experts found that the conscript needed a deferment for the purpose of an observation with further examinations in the Central Medical Commission.
On July 12, 2018, a letter was sent on behalf of the Organization to Defense Minister of the RA D. Tonoyan in connection with the issue of reviewing the legality of the conscript’s fitness for military service and discharging him from military service; however, he was again granted a deferment of 5 months.
HCA Vanadzor undertook the defense of conscript M. Gh.’s rights in 2018. The conscript has a combined allergy, which is often accompanied by complications. In respect of the issue of conducting an additional examination prior to deciding the matter of fitness for military service, on July 16, 2018, HCA Vanadzor applied to RA Defense Minister D. Tonoyan. Under the decision of the CMC, the conscript was granted a deferment of 5 months.
It is noteworthy that, as a rule, there are differences and inconsistencies between the results of the forensic medical examinations assigned in the frames of the criminal cases initiated on the ground of military service evasion and those of the examinations conducted at the stage of conscription. In some cases, the examinations are carried out incompletely, and the decisions on servicemen’s fitness are changed only after appealing them.