The court's decision regarding the mobilization of a citizen
The Third Administrative Appeal Court recognized the citizen's mobilization as illegal, as he was forcibly taken to the territorial recruitment center (TRC) without undergoing a medical examination. The judges indicated that military commissars have no right to detain people in the streets, and also confirmed that enrollment in the military unit carried out with procedural violations is subject to cancellation.
It was reported that the plaintiff was forcibly taken to the TRC on November 23, 2024. After this, he was held for four days without legal grounds. Despite being sent for a military medical commission (MMC), he did not actually undergo it. The court of first instance refused the claim; however, the appellate court sided with the mobilized individual, recognizing the TRC's actions as unlawful.
The competence of the National Police
The court also stated that administrative detention is the competence of the National Police, not military commissariats. An examination conducted without the necessary analyses and diagnostics was found to contradict the Regulation on military medical expertise. As a result, the court ruled to cancel the order for the plaintiff's enrollment in the military unit.
This case highlights the importance of adhering to procedures and legality in mobilization processes, especially under martial law. Judicial decisions that affirm citizens' rights can become significant precedents for other cases involving violations by military bodies. The court's decision may prompt a review of the practices of territorial recruitment centers and their interaction with law enforcement agencies.