Information on the current penalties for draft evasion and desertion, including whether the punishment is different in war time and whether the Algerian government considers the current civil war to be war time, and on whether ignoring a recall notice would be interpreted as desertion or draft evasion [DZA21556.E]

A representative of the Middle East Watch in Washington, DC provided the following information on the above subjects during a telephone interview on 24 August 1995.

The Algerian government does not consider the current situation to be a state of war or civil war as it might imply that the government is not in control of the country. The government describes the current anti-government military activities of Islamic groups as acts of "terrorism."

Ignoring a recall notice for military service would put an individual "at risk" since the government might suspect the individual to be a sympathizer or supporter of anti-government Islamic groups.

Although unaware of specific punishments for draft-evaders and deserters, the representative added that the punishment would depend on where these individuals live, i.e., whether or not they live in areas which are affected by anti-government activities.

Deutsche Presse-Agentur quotes a Catholic pacifist group as stating that "Islamists, conscientious objectors, deserters, intellectuals and the western-oriented faced persecution as well as the 'despotism of the military dictatorship'" (15 Feb. 1995).

According to Amnesty International Report 1995, "men eligible for conscription to the army faced imprisonment if they refused to enlist" (1995, 54).

Although not directly related to the above subjects, the following information might be useful. Referring to the Algerian official news agency report, a Reuters article states that a "special court sentenced 10 people to prison terms ranging from three to 15 years for helping an army officer on the run for desertion" (20 May 1993).

The attached Associated Press (8 Jan. 1993) and Reuters (28 June 1992) articles, which provide information on desertion in Algeria, might also be useful.

Sources consulted by the DIRB do not provide additional information on the punishment for draft evasion and desertion.

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. Please find below the list of sources consulted in researching this Information Request.

References

Amnesty International. 1995. Amnesty International Report 1995. New York: Amnesty International USA.

Deutsche Presse-Agentur [Frankfurt]. 15 February 1995. BC Cycle. "Catholic Group Charges that Algerian Returnees Open to Abuse." (NEXIS)

Reuters. 20 May 1993. BC Cycle. "Algeria Jails 10 for Helping Army Deserter." (NEXIS)

Attachments

The Associated Press (AP). 8 January 1993. AM Cycle. Elaine Ganley. "Nineteen Sentenced to Death by Military Court." (NEXIS)

Deutsche Presse-Agentur [Frankfurt]. 15 February 1995. BC Cycle. "Catholic Group Charges that Algerian Returnees Open to Abuse." (NEXIS)

Reuters. 20 May 1993. BC Cycle. "Algeria Jails 10 for Helping Army Deserter." (NEXIS)

_____. 28 June 1992. BC Cycle. "Algeria Confirms 'Handful' of Army Desertions." (NEXIS)

Additional Sources Consulted

Amnesty International country file (Algeria).

On-line search of news media.

Oral sources.