Follow-up to DZA43564.FE of 18 May 2005 on procedures followed by the army in cases of desertion; whether deserters are being ordered to report by the gendarmerie; time allowed to respond to such orders, if applicable; whether the reason for desertion appears on the order to report; the current situation of deserters (January 2005-May 2005) [DZA100232.FE]

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.

Associated documents