Romania: Whether a person who has already served a prison term for desertion in the early 1990s would still be required to perform military or alternative service in Romania if he is under 35 years of age
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 17 August 2001 |
| Citation / Document Symbol | ROM37307.E |
| Reference | 1 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Romania: Whether a person who has already served a prison term for desertion in the early 1990s would still be required to perform military or alternative service in Romania if he is under 35 years of age, 17 August 2001, ROM37307.E, available at: https://www.refworld.org/docid/3df4be9c14.html [accessed 5 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. |
The following information is provided in a translation of a 9 July 2001 letter from a Senior Legal Counsel of the Romania's Ministry of National Defence. The Romanian version was received from the Office of the Defence, Military and Air Attaché at the Embassy of Romania, in Ottawa.
When the reasons that lead to interruption of military service no longer apply, the individual in question, if less than 35 years old, must continue military service (compulsory or alternative duty) for the duration stipulated in the current laws and regulations governing these activities.
The following information was provided by the Secretary General of the Cluj Napoca-based Coalition for Alternative Civil Service, in 16 June 2001 correspondence. The Coalition for Alternative Service is a network of Romanian NGOs that are committed to advancement of the conscientious objection to military service in Romania and was referred to the Research Directorate by the European Bureau for Conscientious Objectors (EBCO) in Brussels.
On whether a person who has already served a prison term for desertion in the early 1990s would still be required to perform military or alternative service in Romania if he is under 35 years of age, the Secretary General stated that:
If a person already was convicted in the early 1990s he is still required to perform military service, if there is some period left to serve military service, and sometimes he goes in disciplinary battalions. If the time expired, [and] he [has] already performed the [mandatory] 12-month army service he is [no longer] required to serve the army, this case applies also if the recruit is over 35 years old. He is allowed to perform alternative service if he belongs to Jehovah Witnesse's, otherwise he can't apply for alternative service.
In 30 July 2001 correspondence, the Secretary General of the Coalition for Alternative Service in Romania stated that all the cults on the list of the Secretariat for Cults can apply for conscientious objection but he was unable to obtain the latest version of this list neither from the Ministry of National Defence nor the Secretariat for cults.
In 1 August 2001 correspondence, the Secretary General stated that the Pentacostals were listed among those religions whose members can apply for conscientious objection. He also stated that Jehovah's Witnesses, members of the 7th Day Adventist Church, the Adventists, and the Baptists were also included on the list, but was not able to ascertain which other religious denominations might be also included on the list.
No further information on whether a person who has already served a prison term for desertion in the early 1990s would still be required to perform military or alternative service in Romania if he is less than 35 years old could be found among the sources consulted by the Research Directorate.
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.
References
Coalition for Alternative Civil Service, Cluj Napoca, Romania. 1 August 2001. Correspondence with Secretary General.
_____. 30 July 2001. Correspondence with Secretary General.
_____. 16 June 2001. Correspondence with Secretary General.
Romania. Ministry of National Defence, Bucharest. 9 July 2001. Letter from a Senior Legal Counsel. [Public Works and Government Services Canada. Certified True Translation]
Additional Sources Consulted
IRB Databases
LEXIS/NEXIS
Internet sources including:
European Bureau for Conscientious Objectors (EBCO)
World News Connection (WNC)
