Chile: Information on the current penalty for failing to respond to a call for military reserve service in 1986 (follow-up to Responses to Information Requests CHL21364.E of 14 September 1995 and CHL17170.E of 2 May 1994)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 October 1995 |
| Citation / Document Symbol | CHL21986.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Chile: Information on the current penalty for failing to respond to a call for military reserve service in 1986 (follow-up to Responses to Information Requests CHL21364.E of 14 September 1995 and CHL17170.E of 2 May 1994), 1 October 1995, CHL21986.E, available at: https://www.refworld.org/docid/3ae6ad074c.html [accessed 4 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 that follows is contained in a 26 September 1995 letter sent to the DIRB by an official at office of the Military Attaché of the Chilean embassy in Ottawa in response to the above question.
If a citizen would fail to respond to the Reserve Service Call it would originate a situation of Judicial Penalty, but it would be very important to know the reasons that caused such absence, because in justifiable cases, such as for: being out of the Country, being sick or some other reasons which in some cases, it would justify such abnormality.
The source indicates that "the military obligations concerning the Reserve Personnel are found in the Law of Recruitment and Mobilization of the Chilean Armed Forces" (ibid.). A copy of this law is not currently available to the DIRB.
In a 22 September fax sent to the DIRB in response to the above question, the Comisión Chilena de Derechos Humanos states that, based on article 94 of the Penal Code and articles 74 and 75 of Decree-Law No. 2306, the case could qualify for a punishment of five years. The source provides no further details.
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.
References
Comisión Chilena de Derechos Humanos. 22 September 1995. Fax received by the DIRB.
Office of the Military Attaché, Embassy of the Republic of Chile, Ottawa. 26 September 1995. Letter received by the DIRB.
