A soldier, who Served for two months, was recognized Unfit for Military Service

On July 16, 2011, Robert Hovhannisyan applied to Helsinki Citizens’ Assembly-Vanadzor, requesting assistance over the protection of his son Rafik Hovhannisyan’s rights.

On June 29, 2011, Rafik Hovhannisyan was called-up to the army and started his military service at Vayk military unit in spite of the great number of diseases, due to which Rafik Hovhannisyan received a deferment in 2008. Upon stating his military service in 2011, Rafik Hovhannisyan encountered difficulties, triggered by health-related issues. Besides, based on the information provided by the soldier, his father Robert Hovhannisyan notified the organization that on June 11 his son was subjected to beatings, due to which, the latter began complaining of pains in the kidney.

The organization turned to the RA Ministry of Defense with an information request over the case. Helsinki Citizens’ Assembly-Vanadzor had also applied to the RA Military Prosecutor and RA Minister of Defense over subjecting the soldier to beatings with a claim to file a criminal case, as procured by legislation, as well as make a decision over the complaint.

As a response to the complaint, Military Prosecutor T. Sargsyan from Yeghegnadzor Division of RA Central Military Prosecutor’s office informed the organization that launching a criminal case over subjecting the obligatory term solder, Private Rafik Robert Hovhannisyan to beatings was declined with the features of Point 1, Part 1, Article 35 of RA Criminal Procedure Code on the absence of any criminal act.

As a reply to the organization’s letter over the health-related issues of Rafik Hovhannisyan, particularly, the kidney-related issues, addressed to RA Ministry of Defense, G. Hayrapetyan, Head of the RA Ministry of Defense staff stated that in 2008 via # 18-262/7649 decree of the Central Medical Commission, convened by the order of the RA Government, R. Hovhannisyan was recognized temporary unfit for military service during peace time due to diagnosis of “Imbecile person with emotional instability”. Hence, according to the relevant provision of RA law on “conscription liability”, he received a three-year deferment. During the Spring Call-up of 2011, he underwent another military medical examination in the same medical center, and pursuant to medical reports as well as the medical examination conclusions, provided by Vanadzor Polyclinic, the recruit attended the session of Central Medical Commission. The latter recognized him fit for private military service with several restrictions and he was called-up to RA Armed Forces. It should be noted here that the recruit was diagnosed with the same diseases, due to which Rafik Hovhannisyan was granted a three-year deferment back in 2008. As to the kidney problems of the serviceman, it was declared that Rafik Hovhannisyan did not have such problems neither during registration, nor during calls-up of 2008, 2011. After a relevant examination has been administered, it will be possible to determine the cause of the disease.

On September 7, Rafik Hovhannisyan underwent a military medical examination and pursuant to the relevant parts of # 175 decree of RA MoD, R. Hovhannisyan was recognized as unfit for military service and was waivered from mandatory military service.