I wish you good health – Newspaper Kommersant No. 188 (7389) dated 10/11/2022
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A court in Perm denied Alexei Chupin, who tried to challenge the decision to call up to the armed forces as part of partial mobilization without holding a military medical commission. The argument for refusal was the fact that the plaintiff did not complain about his state of health at the military enlistment office or collection point and did not present medical documents about diseases. Mr. Chupin’s representative intends to appeal the decision, pointing out that “a number of federal laws contain clauses on the need for a medical examination, and the right to demobilize from the armed forces of the Russian Federation for health reasons is valid even during hostilities.” Kirill Kabanov, a member of the Presidential Council for Human Rights, told Kommersant that the regional ombudsmen also reported to the Human Rights Council about complaints about the lack of medical examinations during mobilization. In this regard, the council is preparing an appeal to the government and the Ministry of Defense with a “list of justifications” in favor of establishing medical control over the called-up reservists.
The Leninsky District Court of Perm considered the first lawsuit related to partial mobilization in the Kama region. According to the file of the court, Alexei Chupin applied to the military registration and enlistment office of the Sverdlovsk and Leninsky districts of Perm with him. The administrative lawsuit contained a demand to declare unlawful inaction during the check of fitness for service for health reasons. As Perm activist Denis Galitsky told Kommersant (he participated in the preparation of the statement of claim), the court involved the regional military registration and enlistment office, as well as the city and regional commissions for the mobilization of citizens in reserve, as co-respondents.
“The plaintiff received a summons to appear at the military enlistment office,” said Mr. Galitsky. “A military medical examination was not carried out there and his fitness for military service was not determined. Already at the collection point, the plaintiff was recognized as not subject to mobilization on other grounds. If not for this, then he would have been sent to the troops without a medical examination, which violates the constitutional right to health care. According to him, the defendants in court referred to the order of the Deputy Minister of Defense of the Russian Federation, allowing not to hold a military medical commission: “The document has the status for official use, therefore, no one except the judge was allowed to read it.” He added that the order in question was not mentioned in the court decision.
The decision has not been published on the website of the court at the time of writing.
Denis Galitsky said that the plaintiff’s claims were denied. The court, according to him, referred to the fact that during his stay in the military registration and enlistment office and at the assembly point he had no complaints about his state of health, there were no medical documents confirming the fact of the disease.
“Based on the decision, it can be stated that complaints about the state of health and medical documents are at least important for the military commissariat,” Mr. Galitsky concluded. “We can recommend those mobilized to declare the need to undergo a military medical commission.”
The plaintiff’s representative Sergei Trutnev, in a conversation with Kommersant, confirmed the details of the lawsuit and the court’s decision, stressing that he intends to appeal it to the Perm Regional Court. “There are clauses on the need for a medical examination in a number of federal laws,” he said. “And the right to be demobilized from the armed forces of the Russian Federation for health reasons is valid even during the period of hostilities.” Mr. Trutnev, in this regard, noted the need to “establish the category of fitness for military service before making a decision on mobilization.” “Even the most convinced militarists will agree that the army needs healthy soldiers,” the lawyer says. “Why call on people who will faint on the parade ground?” According to him, the purpose of going to court is to understand what actions need to be taken by people with health problems so that the military registration and enlistment offices pay attention to this: “It follows from the court decision that it is necessary to collect certificates before visiting the military registration and enlistment office. But who knows? What legal acts describe the procedure for conducting a medical examination during the period of partial mobilization?
October 5 “Kommersant” told about the death of two reservists in the Sverdlovsk region. The men died already upon arrival at the military garrison. According to the Ombudsman of the Russian Federation Tatyana Moskalkova, one of them could have died from an epileptic seizure due to alcohol intoxication.
Lawyer Konstantin Markin, who specializes in protecting military personnel, pointed out in this regard to “massive questions” from the army leadership about the lack of information from the mobilized about medical examinations.
The expert linked this state of affairs with the desire of the military registration and enlistment offices to “fulfill the plan” for mobilization and the simultaneous “lack of understanding” how to achieve this.
According to Viktor Batmazov, Minister of Territorial Security of the Perm Territory, “partial mobilization does not imply immediate medical examinations.” “But during the assembly events, mobilized people who report some kind of health problems undergo a medical examination,” the official noted. “According to the decision of doctors, several dozen mobilized people will return home.”
Konstantin Markin believes that the lack of medical control during conscription as part of partial mobilization is “an absolute violation of the law,” since it is the state that is the key interest in conducting competent medical examinations. “A person may not be aware of all his diseases, and the obligation to protect health lies with the state,” the expert explained. service has not deteriorated.
The Presidential Council for Human Rights (HRC) on Tuesday will consider a “list of justifications” in favor of conducting medical examinations during mobilization. After its discussion and approval, the document will be sent to the government and the Ministry of Defense, Kirill Kabanov, head of the HRC Commission on Civil Participation in the Development of the Law Enforcement System, told Kommersant.
According to Mr. Kabanov, the military department “does not respond” to the complaints of the mobilized about the lack of medical examinations, while this procedure fits into the “declarative procedure.”
“This procedure assumes that a person, if he believes that he has chronic diseases, can apply (for a medical examination.— “b”), but in the regions people do not have time (to pass it.— “b”), – Mr. Kabanov explained. – Therefore, we have cases of conscription of people with severe chronic diseases or unconfirmed disabilities, which the commission could confirm.
Commissioners for human rights in the regions have already reported to the HRC about complaints about the lack of medical examinations during mobilization, said Kirill Kabanov. These messages may also be included in an appeal to the government and the Ministry of Defense.
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