Syria – Researched and compiled by the Refugee Documentation Centre
of Ireland on 10 February 2017
Information on the treatment & penalties/punishments for army
reservists who refuse call back to the Syrian Army?
A report published by War Resisters International in 1998, in a section headed
“Draft evasion and desertion” (paragraph headed “penalties”) states:
"Draft evasion and desertion are punishable under the 1950 Military Penal
Code, as amended in 1973.
Under art. 68 failure to report for military service is punishable by one to six
months' imprisonment in peacetime, and a month to five years' imprisonment
in wartime.
Quitting the country without leaving behind an address, hence evading call-up
is punishable by three months' to two years' imprisonment plus fines.
Under art. 101 desertion is punishable by five years' imprisonment; or by five
to ten years' if the deserter has left the country; by fifteen years' if the deserter
has taken military material with him or if the desertion occurs in wartime or
during combat or if the individual deserted previously. The length of
imprisonment depends on the deserter's rank and the circumstances under
which the desertion has taken place.
Under art. 102 desertion in face of the enemy is punishable by life
imprisonment.
Execution is allowed under art. 102 (deserting to enemy ranks) and art. 105
(deserting in the face of the enemy during wartime after conspiring to do so)."
(War Resisters International (25 April 1998) Country report and updates:
Syria)
An Immigration and Refugee Board of Canada response to a request for
information, in a paragraph headed “Mobilization Following Military Service”,
states:
“Sources indicate that the government can recall those who have performed
their mandatory military service to active duty (VDC 30 July 2014; Reuters 4
Sept. 2012). According to AFP, ‘Syrian authorities have the right in the event
of war or a declared state of emergency to mobilize all males between the
ages of 18 and 42 who have completed their military service’ (27 Mar. 2012).
Reuters adds that, 'Syrian law requires men who served in the military to get
army approval for passports, state jobs and even marriage licenses, which
makes it more difficult for reservists to avoid a call-up' (Reuters 4 Sept. 2012).
Both the scholar and activist stated that the government recalls individuals to
service on national security grounds.” (Immigration and Refugee Board of
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Canada (13 August 2014) SYR104921.E – Syria: Compulsory military
service, including age of recruitment, length of service; occasions where proof
of military service status is required; whether the government can recall
individuals who have already completed their compulsory military service;
penalties for evasion (2008-July 2014)
In a section headed “Penalties” this response states:
“Sources state that those who try to evade military service face imprisonment
or forced conscription. Reuters reports that food aid may reportedly be
withheld from the families of those who have evaded conscriptions. The
activist stated that deserters can face 260 days in jail and a fine but in
practice, the fine is usually dropped and in some cases ordinary deserters are
often simply sent back to their units. However, according to the activist,
deserters, especially deserting officers or ‘higher ranking’ soldiers, may be
seen as ‘treasonous and against the regime,’ and have been subjected to
detention and ‘torture’” (ibid)
See also Immigration and Refugee Board of Canada response which, in a
paragraph headed “Military Service” refers to information provided by a
program officer with the Center for Civilians in Conflict (CIVIC) as follows:
“According to the Program Officer, young men of 16 to 40 are ‘particularly
persecuted’ by border authorities and are subject to ‘forced conscription on all
sides,’ even if they already completed their military service.” (Immigration and
Refugee Board of Canada (19 January 2016) SYR105361.E – Syria:
Treatment of returnees upon arrival at Damascus International Airport and
international land border crossing points, including failed refugee claimants,
people who exited the country illegally, and people who have not completed
military service; factors affecting treatment, including age, ethnicity and
religion (2014-December 2015))
An article from the Washington Post states:
“In October, the regime stepped up activations of reserve forces. Tens of
thousands of reservists have been called up, and soldiers and militiamen
have erected scores of checkpoints and increased raids on cafes and homes
to apprehend those reservists who refuse to comply. Similar measures
increasingly target those who avoid regular military service, a compulsory 18month period for all men who are 18 and older.” (Washington Post (28
December 2014) Desperate for soldiers, Assad’s government imposes harsh
recruitment measures)
A report from War Resisters International states:
“In Syria, there is nowhere to run from conscription. Depending on where one
is located, young men, and in some cases also women, are drafted to fight in
the civil war. Bashar Assad's army has dwindled from 350,000 to about
200,000 since the conflict started four years ago. Over 80,000 soldiers and
pro-government militiamen are believed to have been killed. The fear of being
drafted to the army to be cannon fodder, to kill and be killed is one of the
reasons leading people to flee the country and seek refuge. According to the
Syrian Observatory for Human Rights there are at least 70,000 men who
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have dodged compulsory military conscription.” (War Resisters International
(1 December 2015) Syria: nowhere to run from conscription)
An update to a Danish Immigration Service fact-finding mission report, in a
section titled “Evasion and desertion” (paragraph headed “Consequences of
evasion”), states:
“The sources mentioned a number of possible consequences if an evader is
caught by the authorities: immediate conscription upon arrest; deployment to
the frontline, investigation and torture, and/or imprisonment. Which one or a
combination of these consequences the person may risk being subjected to,
may depend on the profile of the person, his connections and the area. If the
authorities suspect the person to be in connection and cooperate with the
opposition groups, the person would be subjected to investigation and
illtreatment including torture. Nadim Houry (HRW) mentioned that while an
Alawite from the coastal area might just get a ‘slap on the wrist’, a working
class Sunni from an area known to be supportive of the opposition might be
investigated and be subjected to ill treatment, accused of having supported
the opposition.” (Danish Immigration Service (September 2015) Syria: Update
on Military Service, Mandatory SelfDefence Duty and Recruitment to the
YPG, p.18)
In a section titled “Desertion” this update states:
“According to Rami Sweid (journalist from Aleppo), the number of defections
from the army fell dramatically during 20122013, but since SeptemberOctober
2014 when the government started calling up reservists in a massive way, the
number of deserters started to rise again.” (ibid, p.18)
See also sub-section headed “Consequences of desertion” which states:
“Several sources stated that desertion may have a number of serious
consequences; arrest, detention, incommunicado detention, military trial,
torture, lifetime prison, execution and death sentence were mentioned as
possible consequences. The international organization referred to reports
according to which during government ground operations, homes, farms and
shops belonging to deserters had reportedly been deliberately targeted for
pillaging, burning and destruction. According to Kheder Khaddour (Carnegie)
a deserter caught at a checkpoint may be arrested and sent to military
service. Nadim Houry (HRW) stated that a deserter may be sent to the
frontline.” (ibid, p.19)
A Forced Migration Review article states:
“Since the conflict began, even men who have completed their military service
have been called up to serve again, until the age of 42.” (Forced Migration
Review (September 2014) Gender, conscription and protection, and the war
in Syria)
An article from the online Lebanese newspaper Al-Akhbar states:
“Speaking to Al-Akhbar, an informed source described some of the measures
currently under way. ‘The people who are being stopped at the checkpoints
are those who were absent from their military or reserve service. However,
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not all reservists were called in, only those in specific and critical professions,’
the source explained. On the other hand, state employees evading their
reserve service will face dismissal and will join their units. Those who joined
directly will be allowed to come back to their work after completing the
service,’ the source added. However, he denied one of the rumors that claims
the government intends to discharge those currently retained by the army,
following the end of their service, and replace them with reservists.” (AlAkhbar (20 November 2014) Syrian men of military age on edge as army
steps up reserve measures)
This response was prepared after researching publicly accessible information
currently available to the Research and Information Unit 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. Please read in
full all documents referred to.
References:
Al-Akhbar (20 November 2014) Syrian men of military age on edge as army
steps up reserve measures
http://english.al-akhbar.com/node/22563
(Accessed 10 February 2017)
Danish Immigration Service (September 2015) SYRIA: Update on Military
Service, Mandatory SelfDefence Duty and Recruitment to the YPG
https://www.nyidanmark.dk/NR/rdonlyres/D2CD3A2F-402C-439C-9CD362EA255ED546/0/SyrienFFMrapport2015.pdf
(Accessed 10 February 2017)
Forced Migration Review (September 2014) Gender, conscription and
protection, and the war in Syria
http://www.fmreview.org/en/syria/davis-taylor-murphy.pdf
(Accessed 10 February 2017)
Immigration and Refugee Board of Canada (19 January 2016) SYR105361.E
– Syria: Treatment of returnees upon arrival at Damascus International Airport
and international land border crossing points, including failed refugee
claimants, people who exited the country illegally, and people who have not
completed military service; factors affecting treatment, including age, ethnicity
and religion (2014-December 2015)
http://www.irbcisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=456353&pls=1
(Accessed 10 February 2017)
Immigration and Refugee Board of Canada (13 August 2014) SYR104921.E –
Syria: Compulsory military service, including age of recruitment, length of
service; occasions where proof of military service status is required; whether
the government can recall individuals who have already completed their
compulsory military service; penalties for evasion (2008-July 2014)
http://www.irbcisr.gc.ca/Eng/ResRec/RirRdi/Pages/index.aspx?doc=455461&pls=1
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(Accessed 10 February 2017)
Washington Post (28 December 2014) Desperate for soldiers, Assad’s
government imposes harsh recruitment measures
https://www.washingtonpost.com/world/middle_east/desperate-for-soldiersassads-government-imposes-harsh-recruitmentmeasures/2014/12/28/62f99194-6d1d-4bd6-a862b3ab46c6b33b_story.html?utm_term=.1d3eb12186f2
(Accessed 10 February 2017)
War Resisters International (1 December 2015) Syria: nowhere to run from
conscription
http://www.wri-irg.org/node/25266
(Accessed 9 February 2017)
War Resisters International (25 April 1998) Country report and updates: Syria
http://www.wri-irg.org/programmes/world_survey/country_report/en/Syria
(Accessed 9 February 2017)
Sources Consulted:
Danish Immigration Service
European Country of Origin Information Network
Google
Immigration and Refugee Board of Canada
Lexis Nexis
Refugee Documentation Centre Query Database
UNHCR Refworld
US Department of State
War Resisters International
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