Argentina: Information on the penalty for desertion, indicating whether desertion constitutes treason and could thereby be punishable with the death penalty
| Publisher | Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 October 1992 |
| Citation / Document Symbol | ARG11919 |
| Cite as | Immigration and Refugee Board of Canada, Argentina: Information on the penalty for desertion, indicating whether desertion constitutes treason and could thereby be punishable with the death penalty, 1 October 1992, ARG11919, available at: http://www.refworld.org/docid/3ae6abd668.html [accessed 25 May 2013] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The Consulate of Argentina in Ottawa did not have information on the specific penalties for desertion, although a staff member stated that a deserter would normally be tried by a military tribunal of the unit or branch of the armed forces from which he deserted, and the penalty would depend on the specific circumstances of the case (22 Oct. 1992).
The staff member provided more detailed information on evasion of military service, stating that a man who is chosen through the draft lottery system, and who evades military service and is outside Argentina cannot return to Argentina unless he returns to complete his military service (Ibid.). If a man avoids military service and does not correct his legal situation ("regularizar," or regularize, was the term used by the consulate), he may have difficulty when trying to obtain employment or when carrying out an official procedure such as obtaining certain documents from the government (Ibid.). The person may clarify his legal situation by paying a fine, performing the due military service, or being covered by a wide-ranging amnesty (which have reportedly been granted on occasion) (Ibid.).
According to the reports currently available to the DIRB, Argentina has not applied the death penalty since at least 1985 (information on whether it was applied before 1985 is not currently available), although the military code does allow it. According to a report of late 1990, under the military code of Argentina a person found guilty of instigating a mutiny causing the loss of life could face a firing squad (Latin American Newsletters 27 Dec. 1990, 2). The report adds that "under an amendment to the code passed by congress in 1987, sentences must be reviewed by the federal court of appeals and then approved unanimously by the supreme court" (Ibid.). The attached Amnesty International report states that "the Code of Military Justice provides for the death penalty for offences such as treason, espionage, rebellion and mutiny," although it does not indicate whether desertion can be regarded as treason (1989, 102). The report, however, adds:
any soldier in battle who runs away from the enemy or who panics "may be put to death instantly, to punish his cowardice and to set an example to the others." The death penalty is optional for all other offences under the Code of Military Justice, and defendants are tried by a military court. In 1984 new legislation was passed which curtailed the scope of military justice, and provided for civilian Federal Appeals Courts to review all military court decisions. The judiciary has traditionally been opposed to the death penalty (Ibid.).
Additional and/or corroborating information could not be found among the sources currently available to the IRBDC.
References
Amnesty International. 1989 When The State Kills... The Death Penalty: A Human Rights Issue. New York: Amnesty International USA.
Consulate of Argentina, Ottawa. 22 October 1992. Telephone Interview with Information Staff Member.
Latin American Newsletters. 27 December 1990. Latin American Regional Reports: Southern Cone Report. "Menem Moves Fast in Crushing Revolt." London: Latin American Newsletters.
Attachments
Amnesty International. 1989 When The State Kills... The Death Penalty: A Human Rights Issue. New York: Amnesty International USA, p. 102.
Latin American Newsletters. 27 December 1990. Latin American Regional Reports: Southern Cone Report. "Menem Moves Fast in Crushing Revolt." London: Latin American Newsletters.
