Sir, – Ciarán Mac Aodha-Ó Cinnéide (January 17th) raises the issue of treatment of deserters in other jurisdictions post-war, suggesting a less benevolent approach by the British army. In the UK, a moratorium was in place up to March 31st, 1947 to permit those who were alleged to be deserters to surrender themselves. Following a duly convened court-martial convened pursuant to British military law the following are some some examples of sentences awarded by the military court: sentences of 21 months’ detention – suspended after four months had been served; sentences of two years’ detention – suspended after six months; sentences of one year’s detention – suspended after three months.
It was rare indeed for anyone who surrendered to the offer of the British government to serve more than six months. With regard to those deserters who surrendered or were apprehended outside the terms of that offer after March 31st, 1947, not only could they earn the one-third remission for good conduct, but their sentences were subject to review every six months and an account was taken of any factor overlooked before the courts-martial.
Indeed, many of the cases were dealt with summarily by commanding officers within the limited power of punishments they possessed.
By comparison, the de Valera government ousted the jurisdiction of a court-martial, denying Defence Force personnel any opportunity to defend themselves, which inevitably led to an injustice because the due process inherent in a court-martial and which is a distinct feature and judicial attribute of an Irish military court of law was not observed by the Irish government post war. – Yours, etc,