A citizen applied to the Human Rights Defender, stating that he was conscripted for mobilized military service on September 28, 2020, based on a notice issued by the Regional Division No. N of the Armenian Ministry of Defense's Conscription and Mobilization Service. The citizen mentioned that he was transferred to combat positions and later returned to the military unit, where he remained until October 19, 2020. He added that he was not included in the official personnel list of the military unit but was attached to a volunteer union. A review of the documents attached to the complaint revealed that the citizen had been conscripted for military service through mobilization on September 28, 2020.
In response to the issue raised, the Human Rights Defender requested clarifications from the Ministry of Defense of Armenia.
Based on the received clarifications, the factual data in the complaint, and the requirements of domestic and international legal acts, the Human Rights Defender established that the citizen, having been conscripted into the Armed Forces of the Republic of Armenia within the framework of mobilization, acquired the right to claim monetary compensation for his service days. He had sufficient legal grounds to trust the legitimacy of the notice regarding his mobilized conscription, thereby possessing a property right protected by the provisions of the European Convention—namely, the legitimate expectation of receiving financial compensation for his service days.
For months prior to issuing this decision, the Defender’s Office attempted to restore the citizen’s rights through working discussions with the Ministry of Defense, which did not happen.
The Defender emphasized that the failure of the responsible bodies to include the serviceman in the personnel list of the military unit should not result in the restriction of his right to financial compensation.
The Human Rights Defender has sent this decision on the violation of the citizen’s rights to the Minister of Defense and recommended the Ministry, to pay the full amount of monetary compensation for the entire period of the citizen’s mobilized military service and to ensure proper oversight over the personnel listing process in military units following conscription by the Conscription and Mobilization Service.
Հայերեն
