Mexico: Information on the penalties for desertion in the military and whether rank or length of service are factors
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1996 |
| Citation / Document Symbol | MEX24186.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Mexico: Information on the penalties for desertion in the military and whether rank or length of service are factors, 1 July 1996, MEX24186.E, available at: https://www.refworld.org/docid/3ae6ab4244.html [accessed 18 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following information was provided in a 15 July 1996 telephone interview with a representative from the Embassy of the United States of Mexico.
Desertion is considered to be a crime under the military code. The military does not investigate the cause of desertion if the rank of the soldier is less than captain, except in the following cases: where the individual has deserted while in possession of armaments or military property, has commited a crime while in uniform, or if there is a question of military security.
The severity of the penalties for desertion depend upon the rank of the individual and reason for desertion. If the desertion is not linked to a crime and is determined not to concern an issue of military security, the military will not investigate the desertion further. Instead it will register the desertion in military records and will not permit the person to rejoin the armed forces at a later point and time. Record of the desertion is kept on file in the military register for a specified amount of time, usually between three and five years.
If the desertion involved robbery or the theft of military property, the penalty for desertion is imprisonment, with a stricter sentence given if the desertion involved the robbery or theft of armaments. If the invidual deserted while in possession of sensitive military documents and it is determined that the individual obtained the documents with the intention of releasing them to the public, the penalty is imprisonment.
Desertion while the country is at war is considered to be treason against the state and carries the penalty of death. The source noted that while still in effect, this law has not been used since the Revolution and that the government is presently studying how to remove it from the military code.
In a 16 July 1996 telephone interview, a expert in Latin American military issues for the United States Army stated that because of insufficient mechanisms to monitor non-commissioned officers in the Mexican armed forces, military intelligence is usually unable to track the whereabouts or activities of deserters who move to another state. However, the source noted that a computerized tracking system is in place for all officers in the Mexican armed forces that hold the rank of second lieutenant or higher.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Embassy of the United States of Mexico, Ottawa. 15 July 1996. Telephone interview with representative.
United States Army. 16 July 1996. Telephone interview with expert on Latin American military issues.
