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In its previous comments, the Committee referred to the provisions governing resignation of officers set out in Legislative Decree No. 1400-73. It noted that an officer who has received training can be authorized to leave the army only after having completed a compulsory period of service which may be three or four times as long as the period of training received and may reach 25 years in case of successive periods of training (section 64, paragraph 16).
The Committee notes the Government's detailed explanations provided in its latest report. The Government states in particular that persons who join the army do so by own free will and are aware of the terms and conditions involved; officers who receive further training agree to such training in writing and are aware of the compulsory period of service to be completed; compulsory retention in the army up to 25 years applies only to a small number of officers and corresponds to a minimum training period of ten years (medical officers who receive six years' university education and a minimum of four years' training). This period must be viewed in the light of the cost incurred as the period of training and further training is included in the period of service.
The Committee requests the Government to provide with its next report information on the application in practice of section 64, paragraphs 1 to 17, of Legislative Decree No. 1400-73 including on the number of requests for resignation handed in, accepted or refused and the reasons invoked for any such refusals.