Document #1149997
IRB – Immigration and Refugee Board of Canada (Author)
The following information was provided in a May 2001 report on Algeria written by Brian Davis, an immigration counsellor at the Canadian Embassy in Algeria. In that report, Davis addresses military service and the difference between the treatment of draft evaders and that of deserters. Although neither draft evaders nor deserters are eligible for the regularization program or for amnesty and although both would have to appear before a military tribunal if they returned to Algeria, they would not receive the same punishment.
Punishments for draft evaders
According to the report, if an Algerian is
convicted of draft evasion, sentences could entail incarceration
for a maximum of 36 months, 18 months of military service, or both.
The courts tend to impose "more lenient sentences, especially for
those who merely sought to avoid doing their service, and the
latter are, therefore, often only sentenced to do their normal
service term." However, this information could not be corroborated
by the Research Directorate within the constraints for this
Response.
Punishments for deserters
Deserters are dealt with much more severely than draft evaders. If deserters under 55 years of age are caught, they can be taken before a military tribunal for trial. "The penalty can be 6 months' to 5 years' incarceration for junior military personnel and up to 10 years for an officer, after which he may still be required to finish his military service." However, Brian Davis could not provide any information "on how tribunals are presently deciding these types of cases."
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 for refugee protection.
Reference
Davis, Brian. May 2001. Embassy of
Canada in Algeria. Report on Algeria.