El Salvador: Information on judgements passed under the new Code of Military Justice with respect to soldiers who deserted during the civil war. Update to Responses to Information Requests SLV17944.E of 4 August 1994 and SLV17893.E of 5 August 1994
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1995 |
| Citation / Document Symbol | SLV19304.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, El Salvador: Information on judgements passed under the new Code of Military Justice with respect to soldiers who deserted during the civil war. Update to Responses to Information Requests SLV17944.E of 4 August 1994 and SLV17893.E of 5 August 1994, 1 January 1995, SLV19304.E, available at: https://www.refworld.org/docid/3ae6ac014c.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. |
According to an adviser with the Human Rights division of ONUSAL, there is no new Code of Military Justice in El Salvador (13 Jan. 1995). The adviser stated that "the authorities are still applying the Code of Military Justice they had during the Civil War" (ibid.).
Under this code, there are two types of desertion, each of them having a corresponding sanction (ibid.). The "simple" desertion occurs in times of peace and is punishable by 6 months to 1 year in prison (ibid.). The "qualified" desertion occurs in times of war and is punishable by a jail term of 2 to 15 years (ibid.).
During an 11 January 1995 telephone interview, a specialist on El Salvador at University of Miami's North-South Center stated that "in practice, any desertion has been forgotten". The source stressed that it is unlikely that individuals would be prosecuted for desertion at this time (ibid.).
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.
References
North-South Center. University of Miami. 11 January. 1995. Telephone interview with specialist.
ONUSAL. San Salvador. 13 January 1995. Telephone interview with adviser.
Additional Sources Consulted
Central America Newspak [Austin, Tex.]. Jan. 1992-Dec. 1994.
Central America Report [Guatemala City]. Jan. 1992-Dec. 1994.
Latinamerica Press [Lima]. Jan. 1992-Dec. 1994.
Documentation, Information, and Research Branch (DIRB) Salvador: Incidence des Accords de Paix. April 1992.
Nations Unies. Rapport du Secrétaire général sur la mission d'observation des Nations Unies en El Salvador, Conseil de sécurité. 11 mai 1994. (S/1994/561).