CCPR/C/117/D/2227/2012
1.
The author is Akmurat Halbayewich Yegendurdyyew, a national of Turkmenistan
born on 9 January 1990 in Dashoguz, Turkmenistan. He claims to be the victim of a
violation of his rights under articles 7 and 18 (1) of the International Covenant on Civil and
Political Rights. Although the author did not invoke article 10 of the Covenant specifically,
the communication also appears to raise issues under that provision. The Covenant and the
Optional Protocol entered into force for the State party on 1 May 1997. The author is
represented by counsel.
Factual background
2.1
The author, who has been a Jehovah’s Witness since 2006, was first called by the
Military Commissariat to perform compulsory military service in November 2008. In
compliance with the summon, he met with representatives of the Dashoguz Military
Commissariat and explained orally and in writing that his religious beliefs did not permit
him to perform military service. His call to serve was deferred for six months. In May 2009,
the author was summoned again by the Military Commissariat, to which he once more
explained that he was not able to perform military service because his faith did not allow
him to take part in any kind of military activity.
2.2
On 17 July 2009, the author was charged under article 219 (1) of the Criminal Code
by the Boldumsaz District Prosecutor’s Office. On 29 July 2009, the Boldumsaz District
Court convicted the author for evading military service and sentenced him to 18 months’
imprisonment, based on article 219 (1) of the Criminal Code. The Court stated that,
according to the evidence gathered, including several testimonies and a report from the
Boldumsaz District Military Commissariat indicating that the author was declared
medically fit to perform military service, he was guilty of violating article 219 (1) of the
Criminal Code. The author was arrested in the court room and taken to the Dashoguz
remand prison. He has never been charged with any other criminal or administrative
offence.
2.3
On 18 August 2009, the Dashgouz Regional Court dismissed the author’s appeal.1 It
indicated that a review of all the evidence before it proved that the author had refused to
perform military service without any legal basis and confirmed the author’s conviction. The
author’s mother prepared a supervisory appeal to be submitted to the Supreme Court,
alleging that the Regional Court’s decision violated her son’s rights, as established in the
Universal Declaration of Human Rights and the State party’s Constitution, which stipulates
that every person shall have the right to practice his or her religion and observe the customs
associated to it. However, the administrators of Dashoguz prison refused to provide the
author with the supervisory appeal so that he could sign it. As a result, the period to submit
the appeal expired. On 22 September 2009, the author’s mother filed an application with
the Prosecutor General requesting to renew the period for submitting the appeal to the
Supreme Court. The request was granted and she was able to file the appeal before the
Supreme Court. A decision of the Supreme Court has not, however, been received.
2.4
The author was transferred to LBK-12 prison, located near the town of Seydi, Lebap
region, in the desert of Turkmenistan. While in detention, as a Jehovah’s Witness, the
author was singled out for harsh treatment. Immediately upon his arrival at the prison, he
was placed in quarantine for 10 days. While held in quarantine, the author was beaten three
times by other detainees under the order of the prison’s guards. He was then placed in the
prison’s general colony, where he was falsely accused of violating the prison’s rules. As a
consequence, he was put in a concrete punishment cell three times, for as long as one
month the third time. The conditions in the cell were deplorable, as there was no toilet, only
1
2
The date of the appeal has not been provided.