CITIZEN SERVING IN THE ARMY ALREADY FOR ONE YEAR: THERE IS NO JUDICIAL REVIEW ON ADMINISTRATIVE APPEAL ON HIS HEALTH CONDITION
During the summer conscription of 2019, citizen K.B. applied to Peace Dialogue NGO in order be provided with legal support for appealing his health condition’s check-up conclusion issued on 24 July 2019.
K.B. had a car accident in 2014 as a result of which he received a concussion and lost consciousness. In 2016 and 2017, the conscript received blows to the head following which he complains of frequent headaches, dizziness, blurred vision, and seizures.
The lawsuit on citizen K.B’s request to invalidate the conclusion issued on 24 July 2019 was submitted to the RA Administrative Court on 23 August 2019. On 26 August of the same year, the RA Administrative Court made a decision to proceed in the lawsuit.
Taking into consideration the fact that the appeal of the conclusion of the RA Central Medial Committee on the conscript’s health condition does not suspend its implementation, K.B. was sent to the army, albeit his application to the court.
On 28 October 2019, the RA Administrative Court made a decision with regard to the administrative case N VD/6694/05/19 on appointing a forensic-medical examination, the execution of which was assigned to the Scientific Practical Center of Forensic Medicine SNPO of the RA Ministry of Health.
In order to receive information on the fulfillment of the requirements of the court decision, a lawyer’s inquiry was made to the Scientific Practical Center of Forensic Medicine SNPO of the RA Ministry of Health on 13 July 2020, in response to which, the Center informed with the letter No. 15 / 3-373 that it was not possible to provide a conclusion as K.B. had not yet appeared for the forensic-medical examination. In the same letter, the Scientific Practical Center of Forensic Medicine SNPO of the RA Ministry of Health made a request to provide them information on the appointed date of K.B.’s attendance to the examination.
One may assume that the RA Administrative Court did not take any measures to comply with the requirements of the decision while making a decision on appointing a forensic-medical examination: neither an application was submitted to the Ministry of Defense of the Republic of Armenia for appointing an examination for compulsory military serviceman K.B; nor the copy of the decision was brought to the Ministry’s notice.
Meanwhile, the Scientific Practical Center of Forensic Medicine SNPO of the RA Ministry of Health, having received the decision of the RA Administrative Court, did not take measures to fulfill the requirements of the judicial act. For example, they did not apply to the court to ensure K.B.’s presence for the examination or did not apply to the RA Ministry of Defense for the same purpose.
As a result, up to now (for already a year) the expert’s conclusion has not been submitted to the court, and K.B. continues his military service despite the fact that the administrative act on his health condition has not been reviewed by the court.
P.S. After receiving the letter No. 15 / 3-373 from the Scientific Practical Center of Forensic Medicine SNPO of the RA Ministry of Health, Arthur Sukiasyan, the lawyer who is engaged in the procedure, tried to get into contact with the judge who is in charge of the case examination, but it turned out that the judge’s staff was on vacation.
Photo: www.mil.am
Posted 18 August, 2020
