In a 17 June 1998 Midweek Mirror article entitled "It Happens in War and Peace," Lt. Gen. Denis Perera VSV Former Commander, Sri Lanka Army, stated the following:

The Discipline Regulations of the Sri Lanka Army require a Court of Inquiry to be held after 21 days of a soldier's absence without leave and he is declared a deserter and such desertion should be notified to the Police Gazette.

In the Sri Lanka Army, Section 103 of the Army Act provides for persons found guilty of desertion, whilst on active service to be sentenced to rigorous imprisonment for a term not less than three years or any less severe punishment as prescribed in section 133 of the Army Act.

There are various provisions in section 134 of the Army Act, which also have to be considered before punishment is determined. Inducing or assisting officers or soldiers to desert or absent themselves without leave is an offence also for persons not subject to Military Law.

Such persons can be tried under section 138 of the Army Act before a Magistrate and be liable to a sentence of simple or rigorous imprisonment not exceeding six months, if found guilty of the offence. The procedure for dealing with absentees or deserters is comprehensively covered in Part XVI of the Army Act.

In July 1997, the Colombo-based weekly The Sunday Leader reported military officials saying that army deserters who were caught after the closing of an amnesty period would face court-martial under section 3 of the Army Ordinance (The Sunday Leader 6 July 1997).

For information on the punishment for reserves who fail to show up for duty, please consult the Law of Compulsory Conscription. Mobilisation and Supplementary Forces Act No. 40 of 1985, which can be accessed on the Internet at http://www.law.qub.ac.uk/qub_law/srilanka/Sri10.HTM.

The Research Directorate was unable to obtain copies of the Army Ordinance, the Army Act, the Navy Act or the Air Force Act.

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 sources consulted in researching this Information Request.

Midweek Mirror [Colombo]. 17 June 1998. Lt. Gen. Denis Perera, VSV Former Commander, Sri Lanka Army. "It Happens in War and Peace." [Internet] http://www.lanka.net/midweekmirror/1998/6/3/comment.html#comment3 [Accessed 8 June 1999]

The Sunday Leader [Colombo]. 6 July 1997. Premalal Wijeratne. "Search on for Army Deserters." [Internet] http://www.lanka.net/sundayleader/1997/july/6th/ news.html#news1 [Accessed 8 June 1999]

Department of Foreign Affairs and International Trade library, Ottawa.

High Commission of the Democratic Socialist Republic of Sri Lanka, Ottawa.

Library of Congress, Washington, DC.

Research Directorate. "Sri Lanka" legislation file.

Sri Lanka. 1985. Law of Compulsory Conscription. Mobilisation and Supplementary Forces Act No. 40 of 1985. [Certified on 22 October 1985]

Sri Lanka: A Country Study. 1988.

University of Ottawa, Ottawa.

Electronic sources: Internet, IRB Databases, REFWORLD.