TIGHTER PHYSICAL and psychological assessments of army conscripts are at the heart of the new National Guard law geared at weeding out draft cheaters.
The law stipulates that for conscripts who got an enlistment waiver on or after January 1, 1995 on any grounds, the Defence Minister “may” refer them for re-evaluation, and, if they are deemed fit they will be drafted to serve the full 24 months. Persons with a permanent disability are excluded.
If a person is deemed fit and eligible for re-enlistment, he may get a deferral for up to six years. Anyone with a deferral or enlistment waiver must undergo re-evaluation once a year until the age of 40. Failure to show up at a re-evaluation constitutes an offence punishable by law.
An initial deferral will apply for one year but may be extended for a further five years.
Previously, enlistment waivers (also referred to as a ‘provisional discharge’) had been granted based on a system known as “6+6+1.” If a conscript got out of the army he would be re-evaluated after six months, and if he was still deemed unfit would get another six months. If the medical panel then upheld its prior decision, the conscript would get another deferral valid for one year. At the end of that year a final evaluation would take place, and if the conscript was again considered unfit he would be ‘provisionally discharged’ and would not be called in for another evaluation.
Under the previous system, the Defence Minister likewise reserved the right to recall persons who had got an enlistment waiver – but this was rarely exercised. What changes in the new law is that this is stated more explicitly.
“Whether the thousands who have evaded their military service since 1995 can be tracked down is another matter,” said DISY MP Soteris Sampson, who sits on the House Defence Committee.
It is estimated that every year more than 1,000 conscripts manage to dodge the draft on psychological or disability grounds. The phenomenon has been largely blamed on doctors rubberstamping conscripts’ claims that they are mentally or physically unfit to do their stint.
The new law abolishes the ‘alternative service’ introduced in 2007 for those deemed mentally unfit to serve. This has been replaced by ‘special service’ of 32 months, and applies even to draftees who have been deemed to suffer from ‘psychopathological’ conditions.
Draftees thus deemed not fully fit – mentally or physically – will be posted to National Guard units in their home district and, while they will not be assigned to any particular corps, they will be subject to all military regulations. They will wear army fatigues but will not be issued a weapon. They will be exempt from guard and sentry duty, and, as a rule, will not spend the night in camp. Their duties will include menial jobs, construction work and logistical duties.
The main thrust of the crackdown lies in the tighter scrutiny of disability claims. Henceforth the assessment of the medical panel will not be seen as carte blanche, but will be subject to a monitoring committee ensuring that decisions comply with the law. The committee will issue an annual report on the cases brought before it.
For all conscripts, the discharge document will outline the duration and type of service. On entering civilian life, ‘special service’ conscripts, in particular those who claimed mental disability, will be barred from being employed as police officers, constables, private security guards and bus drivers.
Another major change is that service will be mandatory for persons of Cypriot descent, not just by their father (as is the case today) but also by their mother, even if these persons do not have Cypriot citizenship but are permanent residents here. Such persons will serve the full 24 months. Repatriated persons of Cypriot descent will serve six months only.
And for the first time there is an explicit provision on the extent of the stint for foreign nationals who acquire Cypriot citizenship. Those doing so by their 18th year will serve 14 months.
The law also stipulates a shorter stint for designated categories of conscripts, for example a conscript who is the only or eldest son in a family where both parents are ‘completely disabled’ shall also be eligible for a reduced length of service. Special dispensations will be given to children of large families.
Armenians, Maronites and Muslims with Cypriot citizenship will do a full stint. Turkish Cypriot Muslims holding citizenship of the Republic are exempt due to having served in the occupied areas.
Conscientious objectors must enlist but will be assigned to work at governmental or semi-governmental departments.
In addition to sick leave and regular leave, honorary and parental leave are added.
Persons convicted for failure to enlist or for desertion will be considered as having committed an offence involving dishonesty and will be stripped of certain of their civic rights, including the right to vote or stand in any election.
