Argentina: Situation of a person who, after entering the army voluntarily, deserted and later left the country when ordered to perform what he considered to be dangerous work; whether such a person could have resigned from his post without sanction; penalties for desertion; whether such an individual could seek redress in civilian court (1998 - November 2000)

In a 2 November 2000 interview, an official of the Office of the Defence Attaché of Argentina in Ottawa stated that an individual may enlist in the army either as a member of the "regular forces", with a normal contract duration of five years, or as a "volunteer", with a normal contract duration of two years. Individuals who enlist as "volunteers" may be allowed to resign prior to completion of the contracted term of duty, provided that they present reasons justifying their resignation, and that these reasons are accepted by military authorities. As an example, the official indicated that individuals may be allowed to resign if they can show that their salary is insufficient to support their family. Should an individual who enlisted as a member of the "regular forces" wish to resign prior to completion of the contracted term of duty, he or she would also be expected to make a payment to offset any educational costs incurred by the armed forces.

An individual who simply abandoned his or her post would be deemed a deserter, and as such would find it very difficult to obtain a passport for travel outside of the country.

The official indicated that while the penalties incurred for desertion vary according to the circumstances of each case, custodial sentences are "normally" not imposed in peacetime, particularly if the individual in question is the sole income earner for his or her family. However, a custodial sentence of between three and six months may be imposed in instances where the individual was involved in a special operation or part of an international peacekeeping force.

The official further stated that while military courts have jurisdiction over cases of desertion, individuals have the right of appeal to the Argentinean Supreme Court.

Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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. Please find below the list of additional sources consulted in researching this Information Request.

Reference

Office of the Defence Attaché, Embassy of Argentina, Ottawa. 2 November 2000. Telephone interview with official.

Additional Sources Consulted

Horeman, Bart and Marc Stolwijk. 1998. Refusing to Bear Arms: A World Survey of Conscription and Conscientious Objection to Military Service. War Resisters' International, London.

IRB databases.

One oral source could not provide information on the topic.

Internet sites including:

Amnesty International.

Argentinean Army..

Argentinean Ministry of Defence.

Clarín [Buenos Aires]. 1999-2000.

Human Rights Watch.

La Nación [Buenos Aires]. 1999-2000.

War Resisters International.