04.05.2005 - Source: Civil Georgia

12 servicemen deserted their military unit in Akhaltsikhe, claiming they were subjected to human rights abuses and intimidation from officers and other servicemen; all of them are residents of Akhalkalaki, a town predominately populated by ethnic Armenians ("Soldiers Go AWOL in Akhaltsikhe") [#42869],  [ID 5365]

Document(s): Open document

02.2003 - Source: Human Rights Centre

Over 1,092 soldiers deserted in 2002 ("Monthly Bulletin 2 (48), February 2003") [#14570],  [ID 5353]

"Over 1,092 soldiers left the Georgian army deliberately in 2002. This alarming number unfortunately reflects a sober reality. President Shevardnadze has declared amnesty twice for deserters but just one-third returned to the army.

According to a Georgian law adopted in 2002, an alternative service offers a man after paying 200 Gel, to be temporary freed from conscription. It was considered that these funds could contribute substantially to the Georgian army coffers, and to improve the conditions of conscripts, but only 250 000 Gel was received instead of the planned 12 million Gel, that should had been paid by those people who tried to avoid compulsory military service.

Detainees Should be Informed about Their Rights Immediately after Detention"

Document(s): Open document
Open document

22.11.2002 - Source: Federal Office for Migration (Switzerland)

Bundesamt für Flüchtlinge: Sentences for conscientious objection and desertion ("Wehrdienst") [#10568],  [ID 5367]

"Nach Artikel 356 des georgischen Strafgesetzbuchs wird die Verweigerung
des Wehr- und Zivildienstes mit Freiheitsstrafen bis zu drei Jahren bestraft. Für Desertion sind Haftstrafen zwischen einem und zwölf Jahren vorgesehen. Seit Juli 2000 gibt es keine Militärgefängnisse mehr. Die verurteilten Soldaten sitzen ihre Strafe in normalen Gefängnissen ab."

Document(s): Open document

2002 - Source: Public Defender of Georgia

Public Defender of Georgia: Main reasons for desertion ("Report of the Public Defender of Georgia: On the Situation of Protection of Human Rights and Freedoms in Georgia") [#10578],  [ID 5366]

"I would like to refer here to the information on desertion and its causes, provided by the General Military Prosecutor’s Office. The number of cases of absences from military units without leave and cases of desertion has considerably increased in 2001 in comparison to 2000. In 2000, the General Military Prosecutor’s Office and Regional Military Prosecutor’s Offices had filed 1872 cases concerning the facts of desertion from the army and leaving the
military units without official leave. In 2001, this number grew up to 2498 cases. The Military Prosecutor’s Office explains this dramatic increase by the implementation of the Law on Amnesty, adopted on December 28, 2000. The adoption of the law that is valid until April 28, 2001, has brought some very
positive results in protecting the rights of deserters and giving them certain privileges. For instance, if in 2000 only 160 cases were dismissed from the court, the number of the dismissed cases comprised 1822 in 2001; that means 1662 more cases that certify the humane attitude towards the future of young generation. Though, according to the Military Prosecutor’s Office the number of desertion facts does not decrease.
Causes:
One of the main reasons for desertion is that no appropriate educational work is
conducted among the military servicemen; the requirements of training regulations are not fully observed and the discipline is weak. The officers do not undertake the appropriate measures against those absent without leave and do not carry out any preventive measures.
The cause of desertion is also a difficult economic situation of the deserter’s families whom they help during the period of deserting. Military servicemen often leave their units because of their health conditions and problems to undergo medical treatment in public medical establishments, as there is no qualified medical service in the army, lack or limited quantity of medicaments. Despite that, the army units are not adequately materially equipped. Food is of a poor quality and the living conditions are sometimes very bad. Nothing is
done by the officers in the military units to raise the patriotic feelings of the servicemen. It is well known that in many army units some officers take money from sons of well-off families for releasing them from military service. Such behavior of officers brings a negative impact on other military servicemen and pushes them for leaving their units without any official permission.
The low level of discipline and education level of many officers is an additional obstacle in preventing desertion from the army. Very often, unprofessional people that lack basic education do occupy key positions in the army units. At the same time, these people have tarnished reputation and bad morality. They usually neglect the committed crimes and do not carry out their investigation."

Document(s): publicdefender-geo.pdf

01.12.2000 - Source: Danish Immigration Service

Danish Immigration Service: Punishment and punishment practices for desertion ("Report on roving attaché mission to Georgia") [#6081],  [ID 5368]

"The Defence Committee explained that depending on the nature of the criminal act, military offences were handled either by the soldier's superior officers or by the military prosecutor corps. There were no military courts, and serious cases were decided in the civil court system.

The Defence Committee also reported that evasion was punished with between one and three years' imprisonment. The Georgian Young Lawyers' Association explained that military offences were punishable under the Administrative Infractions Code and Chapter 45 of the Georgian Criminal Code (the relevant sections are set out in Annex 4).

A western embassy reported that in 1999 there had been 290 cases of draft evasion in the spring and 452 cases in the autumn. The embassy also reported that evasion was currently not being penalised.

Article 389 of the Georgian Criminal Code provides for imprisonment for up to seven years for desertion. However, the Defence Committee believed that many cases were dropped because of the poor physical conditions in the army. For example, half a unit had deserted because of lack of food. None of the deserters was subsequently punished. Cases which are regarded as serious, including cases involving desertion which make up about 20% of them, go to the civil courts, but with a military prosecutor. Most of the cases of desertion in which judgements are made are, according to the Committee, decided in favour of the deserter. The other cases, i.e. those which are considered to be for minor infringements, are decided by the deserter's superior officers in the army.

The Defence Committee also reported that sentences for minor military offences are served in a punishment battalion. At the moment this contains about 30 people. The punishment battalion carries out normal military duties. However, the discipline in the punishment battalion is more severe than in the normal units. After the sentence has been served, the remainder of the period of conscription is served.

According to a western embassy, any punishment for deserters who return voluntarily depends on the division commander.

The western embassy also reported that the military prison was closed in June 2000, and that in connection with its closure approximately 20 to 25 deserters received an amnesty. The embassy confirmed that deserters now serve their sentences in civilian prisons. The disadvantage of this is that the punishment is now shown in criminal records.

The Defence Committee reported that professional soldiers now have to give six months' notice before leaving. The Committee was not aware of cases of professionals being punished for not respecting this notice period."

Document(s): Open document