Iraq: Current information on the penalty for individuals who evaded the draft during the 1991 Persian Gulf War, and on whether an amnesty is still in effect
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 July 1993 |
| Citation / Document Symbol | IRQ14654 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Iraq: Current information on the penalty for individuals who evaded the draft during the 1991 Persian Gulf War, and on whether an amnesty is still in effect, 1 July 1993, IRQ14654, available at: https://www.refworld.org/docid/3ae6aaa920.html [accessed 17 September 2023] |
| 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 attached five articles provide information on an amnesty for army deserters in the three southern Iraqi provinces of Basra, Missan and Zi Khar, as well as for those "held in Saudi Territory." These articles quote official Iraqi statements on the good-treatment of deserters by the Iraqi authorities, on the "surrender" of "thousands" of the deserters, and on the return of deserters from Saudi Arabia. However, the following information, provided by a representative of Middle East Watch in New York during a telephone interview on 8 July 1993, suggests otherwise.
As early as March 1991, when an uprising took place among the ranks of the Iraqi Army, many military personnel were summarily executed on charges of draft evasion and desertion, in some cases publicly. There have been many declared amnesties since the end of the war, but their application has never been consistent. Based on interviews with Iraqi soldiers who defected to Iran, it is evident that regulations concerning the treatment of deserters and draft evaders have changed continuously. Nonetheless, it is consistent that deserters and draft evaders, even when amnestied, experience severe forms of punishment such as systematic torture, imprisonment and general ill-treatment, which sometimes cause death or physical and psychological impairment.
Referring to the information provided by the Middle East Research Department of the International Secretariat of Amnesty International in London, A Toronto Amnesty International report states that:
[i]n May 1992, the [Iraqi] government declared an amnesty for army deserters and defaulters from among the Iraqi refugees held in Rafha and Artawiyya camps in Saudi Arabia. There has been no independent confirmation of Iraqi government claims in June 1992 that some 210 refugees had returned to Iraq to benefit from this amnesty. In September 1992 the Iraqi government declared a general amnesty for army deserters and "misguided military personnel" from the southern provinces of Dhi Qar, Basra and Misan, and later extended it to military personnel from al-Tamim (Kirkuk) and al-Qadisiyya provinces. There has been no independent confirmation of government claims in September 1992 that some 3,212 people from the southern provinces had surrendered to the authorities to benefit from the amnesties.
Amnesty International is of the view that the historic pattern of human rights abuses against individuals who have returned to Iraq in reliance upon amnesties and the lack of information on any who have returned in reliance upon the 1992 amnesties means that the risk of human rights violations remains a real possibility. Amnesty International has received as of yet unconfirmed reports that individuals who have returned in reliance on these amnesties have "disappeared".
...these amnesties have very specific time limitations. Therefore the possibility that the amnesty no longer applies at the time an individual would be facing possible removal from Canada must be taken into consideration (5 Feb. 1993).
Additional information on the above subjects is currently unavailable to the DIRB.
References
Amnesty International. 5 February 1993. "Military Deserters and Amnesties in Iraq." Toronto: Amnesty International.
Middle East Watch, New York. 8 July 1993. Telephone Interview with Representative.
Attachments
Agence France Presse (AFP). 6 April 1993. "Over 14,000 Iraqi Army Deserters Surrender: Daily." (NEXIS)
. 6 September 1992. "Baghdad Offers Amnesty to Deserters." (NEXIS)
Amnesty International. 5 February 1993. "Military Deserters and Amnesties in Iraq." Toronto: Amnesty International.
Republic of Iraq Radio Network [Baghdad, in Arabic]. 2 June 1992. "Army 'Deserters,' 'Defaulters' Return From Saudi." (FBIS-NES-92-108 4 June 1992, p. 16)
Reuters. 30 August 1992. BC Cycle. "Iraq Reports Mass Surrender of Shiite Dissidents," pp. 1-2. (NEXIS)
The Xinhua General Overseas News Service. 15 September 1992. "More Than 3,200 Army Deserters Surrender: Iraqi Newspaper." (NEXIS)