Document #1340059
IRB – Immigration and Refugee Board of Canada (Author)
According to a professor of political
science at the University of Toronto, a person who was
"demobilized" as opposed to "discharged" from the soviet military
(24 Feb. 1994), and who left Estonia while still part of the
Russian Army in violation of a signed obligation not to leave would
be subject to prosecution in Russia under Article 247 (Desertion)
of the Criminal Code of the Russian Federation (23 Feb. 1994).
Information provided to the DIRB stated that this would be the case
as long as the person's unit had not been transferred to the
jurisdiction of the Estonian army, and as long as the unit remained
in the Russian army or under joint CIS command (ibid.). According
to the source, the punishment for desertion during peacetime ranges
from 3 to 7 years imprisonment (ibid.).
The source added that it is doubtful, but
not impossible, that an individual would be tried for desertion in
absentia (ibid.). The source added that the person would probably
be given the benefit of counsel at trial, but not necessarily in
the pre-trial phase (ibid.). The source also stated that a review
of the court's sentence by a cassation panel of a higher court is
obligatory if the convicted person demands it (ibid).
For additional information on military
tribunals in Russia, please refer to the attached document.
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.
Professor of political science,
University of Toronto. 24 February 1994. Telephone interview.
Professor of political science,
University of Toronto. 23 February 1994. Information faxed to the
DIRB in Ottawa.
Professor of political science,
University of Toronto. 24 February 1994. Information faxed to the
DIRB, Ottawa.
BBC Summary of World Broadcasts. 15 June
1992. "Press Conference Announces Abolition of Military Tribunals."
(NEXIS)