CCPR/C/117/D/2220/2012
1.
The author is Matkarim Aminov, a national of Turkmenistan born on 17 April 1991.
He claims to be the victim of a violation by the State party of his rights under articles 7, 14
(7) and 18 (1) of the Covenant. Although the author did not invoke article 10 of the
Covenant specifically, the communication also appears to raise issues under that provision.
The Optional Protocol entered into force for the State party on 1 May 1997. The author is
represented by counsel, Shane H. Brady.
Factual background
2.1
The author has been a Jehovah’s Witness since 2009. He was first called by the
Military Commissariat in the spring of 2009 to perform his compulsory military service. In
compliance with the summons, he met with representatives of the Military Commissariat in
Dashoguz and explained orally and in writing that, as a Jehovah’s Witness, his religious
beliefs did not permit him to perform military service. His call-up was deferred twice, in the
autumn of 2009 and the spring of 2010. On 3 October 2010, the author was again
summoned by the Military Commissariat for military service. He explained again, several
times, to the Military Commissariat officers that due to his religion, he was not able to
perform military service, as his faith did not allow him to take part in any kind of military
activity, including the use of weapons. His case was transferred to the prosecutor’s office.
The author explained to the prosecutor that his religious conscience did not allow him to
perform military service, and he indicated that he would be willing to perform an
alternative form of service.
2.2
The author was charged under article 219 (1) of the Criminal Code1 for refusing to
perform military service. His case was transferred to Dashoguz City Court for the
proceedings. On 29 December 2010, the Court convicted the author of evading military
service and sentenced him to 18 months’ imprisonment, under article 219 (1) of the
Criminal Code. The Court indicated that the author completely admitted his guilt, as he
accepted that he was a Jehovah’s Witness and for that reason could not perform military
service. The Court also stated that according to a medical report, the author was fit for
military service and concluded that he had refused, without any legal basis, to serve in the
army.2 The author was arrested in the courtroom. He had never previously been charged
with any criminal or administrative offence.
2.3
On 18 January 2011, Dashoguz Regional Court dismissed the author’s appeal,
confirming that he had violated article 219 (1) of the Criminal Code as he had refused,
without any legal basis, to perform military service. The Regional Court also indicated that,
as provided in article 41 of the State party’s Constitution, the author should perform
military service, like every man in Turkmenistan.
2.4
The author alleges that, immediately after his arrest, he was detained for 69 days in a
temporary holding facility in Dashoguz. On 30 December 2010, he was beaten by the
director of the facility for refusing to perform military service. On 21 January 2011, he was
kicked and beaten by the Chief of the Investigative Department for being a “traitor”. Then,
on 10 March 2011, he was transferred to the LBK-12 prison, located near the town of Seydi.
Immediately after his transfer, he was put in solitary confinement for 10 days. The author
states that although the weather was freezing, all his clothes were taken away from him and
he was obliged to sleep on the bare concrete floor. He also alleges that he was beaten once
again by the Chief of the Investigative Department.
1
2
2
According to an unofficial translation of article 219 (1) of the Criminal Code, the crime of evasion of
the draft without legal grounds for exemption from military service is punishable by up to two years
of corrective labour or up to two years of deprivation of freedom.
The author provided an unofficial translation of the ruling of Dashoguz City Court.