Peru: Whether the new law on voluntary military service is retroactive in cases of persons who left the country in 1999 and who may have been called for obligatory military service earlier
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 18 December 2000 |
| Citation / Document Symbol | PER36138.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Peru: Whether the new law on voluntary military service is retroactive in cases of persons who left the country in 1999 and who may have been called for obligatory military service earlier, 18 December 2000, PER36138.E, available at: https://www.refworld.org/docid/3df4be9120.html [accessed 21 May 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 that follows includes the unofficial translation of certain legal terms of Peruvian law, provided for reference, which do not necessarily correspond to the same terms used in Canadian legislation.
The law on Voluntary Military Service (Ley No. 27178) officially published on 29 September 1999 states in Article 4 of its Temporary Provisions (Disposiciones transitorias – Cuarta) that all warrants and orders of arrest or detention issued by military courts and tribunals against persons who had evaded obligatory service are rendered null (Quedan sin efecto las órdenes de captura y requisitorias dispuestas por los Tribunales y Juzgados Militares contra los omisos) (El Peruano 29 Sept. 1999). The law instructs military courts and tribunals to cancel all prosecution against evaders, and states that those who would benefit by this measure should approach Military Registration offices to have their situation regularized (regularizar su situación) (ibid.). Article 5 of the Temporary Provisions of the law states that this law was to take effect on 1 January 2000, except for its two Final Provisions (Disposiciones finales) which were to take effect the day following its publication [30 September 1999] (ibid.).
Complementary Measure 11 (Medida complementaria) of the law states that the Armed Forces were required to apply previously existing regulations until the publication of the new law's regulations, but only those that are compatible with the new law (ibid.). The Regulations of the Voluntary Military Service Law were officially published on 17 March 2000 (ibid. 17 Mar. 2000).
Additional and/or corroborating information could not 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.
References
El Peruano [Lima]. " Reglamentación del Servicio Militar." <http://www.ejercito.mil.pe/ public_mil/ram/reglamento.html> [Accessed 15 Dec. 2000]
_____. 29 September 1999. " Ley N° 27178."
