Suriname: Whether a person who deserted from the armed forces during the military administration (1980-1992) is likely to be punished today if he or she returns to Suriname, and the likely penalty
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 18 July 2000 |
| Citation / Document Symbol | SUR34799.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Suriname: Whether a person who deserted from the armed forces during the military administration (1980-1992) is likely to be punished today if he or she returns to Suriname, and the likely penalty, 18 July 2000, SUR34799.E, available at: https://www.refworld.org/docid/3ae6ad7b68.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. |
On 7 July 2000 a lawyer practising in Suriname stated the following:
Pursuant to article 34 of the Military Criminal Code the time limit for prosecution of the felony of desertion is twelve years as of the day that the absence without official leave has factually begun.
This means that any soldier who is suspected of desertion before December 1987 would, as of January 1, 2000, be immune from prosecution for that act.
With respect to desertion after 1987 it would not be likely that prosecution would take place, at least not if the desertion was motivated by the political situation in the country before the then-existing so-called "Military Authority" was removed by the President of the Republic of Suriname in 1992.
If the motive to desert was not of a political nature, I do not exclude the possibility that the person involved would still be prosecuted, particularly if the person involved was an officer.
In case of prosecution the penalty that could be imposed is imprisonment for two years at the most for ordinary soldiers or non-coms and in case of an officer it would be four years at the most.
I cannot predict what the punishment would be in an individual case, because there is no extensive jurisprudence on those matters.
Additional and/or corroborating information could not be found within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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.
Lawyer practising in Suriname. 7 July 2000. Correspondence.