Issues Faced by Individuals Seeking Combatant Status, Ombudsman Says

The issues regarding the status of participants in the combat actions of 2016 and 2020 need to be resolved. The Human Rights Defender of Armenia has sent recommendations on this matter to the Ministry of Defense and the National Assembly.

According to information from the Facebook page of Arman Tatoyan, the Human Rights Defender of Armenia, complaints addressed to him indicate that people are facing difficulties in obtaining the status of a participant in combat actions. “In particular, under the current legislation, the status of a participant in combat actions can only be granted to those individuals who participated in combat actions between 1989 and 1994 for more than three months in total. This means that, for instance, citizens who took part in the combat actions of April 2016, July 2020, and September-November of the same year cannot be granted the status of participant in combat actions under the existing legal framework,” Tatoyan noted.

In 2020, the Ombudsman also received complaints regarding the issuance of a certificate instead of a participant identification certificate for combat actions. Citizens reported that after the expiration of their identification documents confirming their status as a participant in combat actions, they applied to the Ministry of Defense for a new certificate. However, instead of a new certificate, they were provided with a statement confirming their status as a participant in combat actions.

“The review of the complaints revealed that the Ministry of Defense refused to issue a new certificate confirming their status as participants in combat actions, arguing that a new template certificate is granted only to individuals who participated in combat actions for no less than three months in total,” the Ombudsman stated.

It is noteworthy that previously, individuals who participated in combat actions for two months were also able to obtain the status of a participant in combat actions. Based on this, citizens were provided with certificates confirming their status, which lost their validity on December 31, 2017, as per the relevant government decision.

The protector noted that not granting a certificate confirming the status of a participant in combat actions could obstruct their right to access the benefits and guarantees provided by existing legislation for combat participants. In the Ombudsman’s position, to ensure a deep resolution of the issue, social justice, and the protection of the rights of citizens who participated in combat actions, it is necessary to find swift and specific solutions, as granting someone the status of a participant in combat actions is not an end in itself; it has a certain social purpose and, in fact, this status is a basis for an individual to utilize certain benefits and social security measures.

“They are provided with quality medical care at the expense of the state budget, have housing security, and the right to travel free of charge on all types of urban passenger transport, irrespective of ownership (except for taxis), monetary support, and the right to military pensions,” the defender emphasized.

In this regard, the Human Rights Defender will address a letter to the Ministry of Defense, proposing to develop specific mechanisms and criteria for granting the corresponding status to citizens who participated in combat actions in September-November 2020, as well as in April 2016 and July 2020. The issues raised by citizens on the topic, analyses conducted, and proposals will also be submitted to the permanent committee on defense and security issues of the National Assembly. Additional details are included in the Human Rights Defender’s annual report for 2020.