Yugoslavia: Information on the kind of penalties that would be imposed on a Serbian who refused to respond to two call-up notices for military service with the Serbian army
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 October 1993 |
| Citation / Document Symbol | YUG15497.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Yugoslavia: Information on the kind of penalties that would be imposed on a Serbian who refused to respond to two call-up notices for military service with the Serbian army, 1 October 1993, YUG15497.E, available at: https://www.refworld.org/docid/3ae6ab8a84.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. |
The information contained in this response was received by fax from a military correspondent for VREME newsmagazine in Belgrade on 8 October 1993.
According to this source, citizens of the former Yugoslavia, including Serbians, have a legal obligation to serve for a period of twelve months in the Yugoslav army. They are drafted when they reach the age of 18, but permission is granted to postpone the service for purposes of university education until the age of 27. Conscientious objectors, on the other hand, are required to serve 24 months of alternative service. Those who try to evade the draft or the national service are liable to prosecution under the Criminal Code.
Although penalties vary, Article 214 of the Federal Criminal Code of 1977 provides for the following penalties:
- a fine or up to 12 months of prison for persons who do not come when summoned;
- three months to five years of prison for hiding in order to avoid the national service;
- one to ten years of prison for remaining abroad or leaving the country in order to avoid the national service;
- one to fifteen years of prison for propaganda and/or enticing others to avoid the national service.
Article 214 was reportedly amended in July 1990, but details of the amendments and information on whether they resulted in more severe or less severe penalties are currently unavailable to the DIRB. The source stated, however, that the severity of the penalties would depend on which of the preceding provisions had been violated but would be significantly more severe if a state of war had been declared.
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.
Reference
Military correspondent for VREME, Belgrade. 8 October 1993. Letter sent to DIRB, Ottawa by fax.
