Peru: Penalties for desertion from the Marines in 1989 and whether penalties would still apply after ten years
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 27 October 1999 |
| Citation / Document Symbol | PER33021.E |
| Reference | 7 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Peru: Penalties for desertion from the Marines in 1989 and whether penalties would still apply after ten years, 27 October 1999, PER33021.E, available at: https://www.refworld.org/docid/3ae6ad6d64.html [accessed 2 June 2023] |
| 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. |
Information on the penalties for desertion can be found in previous Responses, such as PER27145.E of 20 June 1997, PER22941.E of 6 March 1996, and PER13707 of 26 March 1993. These indicate that the law governing desertion from the police and armed forces (the Marines or Infantería de Marina is a branch of the Navy) is contained in the Code of Military Justice.
Please find attached a translation of the excerpts of the Code attached to PER13707 provided in 1993 by the Andean Commission of Jurists. These detail under Section 7, Title 4, Articles 221 through 233, two definitions of desertion, "simple desertion" (deserción simple) and "aggravated desertion" (deserción calificada), and prescribe a variety of aggravating and mitigating circumstances and corresponding penalties for desertion from the armed forces.
Article 233 of the Code states that charges of simple desertion do not expire as long as the individual is under the obligation of serving in the military, as defined in the Military Service Act. No reference to expiration of charges of aggravated desertion could be found in the available documentation.
According to staff at the Library of the Congress of Peru, the Code of Military Justice was issued as Decree Law 23214 on 24 July 1980, and the only amendments on record with the library were enacted through Law 26677 of 24 October 1996, which modified Articles 375, 376, 386, 427-429, 531, 537, 561, 652, 657, 690 (inciso 5), 694, and 700-702.
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 see below the list of additional sources consulted in researching this information request.
Library of the Congress of Peru, Lima. 5 November 1999. Telephone interview with library staff.
Peru. Código de Justicia Militar. n. d. Section 7, Title 4. "De la deserción." (Sent to DIRB, 23 Mar. 1993).
Peru. Código de Justicia Militar. n. d. Section 7, Title 4. "Desertion." (Sent to DIRB, 23 Mar. 1993). Translated by the Department of Public Works and Government Services Canada.
Additional Sources Consulted
[Lima]. 1993-99.
. 1993-99
Latinamerica Press [Lima]. 1993-99.
Latin American Regional Reports: Andean Group Report [London]. 1993-99.
News from Americas Watch [New York]. 1989-99.
Electronic sources: IRB Databases, Global NewsBank, NEXIS, Internet, Refworld, WNC.
This list is not exhaustive. Country-specific books available in the Resource Centre are not included.
