CCPR/C/117/D/2220/2012
2.5
On 29 June 2012 the author was released, after having completed his sentence. He
was requested to report weekly to the Dashoguz police department. On 14 December 2012,
officers of the Military Commissariat attempted to deliver a call-up letter to his mother, but
she refused to receive it. On 15 December 2012, the author reported to the Military
Commissariat, underwent a medical examination and was declared fit for military service.
He claims that he explained orally and in writing to the officers of the Military
Commissariat that due to his religious beliefs, he could not perform military service. On 8
January 2013, six months after being released from prison, the author was again convicted
under article 219 (1) of the Criminal Code and sentenced to 24 months of prison, by
Dashoguz City Court. The author was arrested in the courtroom. On 29 January 2013,
Dashoguz Regional Court dismissed his new appeal.
2.6
The author alleges that he was subjected to torture and ill-treatment while detained.
In a statement dated 12 February 2013, his mother indicated that she had visited him on 11
February 2013 in the DZ-D/7 temporary detention centre in Dashoguz and he had informed
her that he was being tortured, threatened and questioned by officers of the city’s sixth
police department. She also mentioned that his health had deteriorated.3 Subsequently, the
author was transferred to the LB-K11 prison in Seydi.
2.7
The author also claims that the fact that he was convicted twice for refusing to
perform military service due to his religious convictions amounts to a violation of article 14
(7) of the Covenant. In this regard, he notes that the Special Rapporteur on freedom of
religion or belief has urged Turkmenistan to revise its legislation, which allows defendants
to be sentenced twice for the same offence, and notes that the State party has failed to act
on these recommendations.4
2.8
The author submits that the State party’s judicial authorities, including trial courts,
appeal courts and the Supreme Court, have never ruled in favour of conscientious objectors
to military service. He therefore argues that he has exhausted all available domestic
remedies as regards article 18 (1) of the Covenant.5 Regarding the claims under articles 7
and 14 (7) of the Covenant, the author states that there were no effective domestic remedies
available to him.
The complaint
3.1
The author claims that his imprisonment on account of his religious beliefs in itself
constitutes inhuman or degrading treatment within the meaning of article 7 of the Covenant.
3.2
The author also claims a violation of article 7 of the Covenant on account of the
treatment he received while in detention, which amounted to torture and ill-treatment,6 and
on account of the conditions of imprisonment at the LBK-12 prison. In this regard, he refers
to the concluding observations on Turkmenistan by the Committee against Torture, from
2011, in which the Committee expressed concern regarding ongoing physical abuse and
psychological pressure by prison staff in Turkmenistan, including collective punishment,
ill-treatment as a “preventive” measure, the use of solitary confinement, and sexual
violence and rape by prison officers or inmates.7 The author also refers to the February
2010 report of the country’s Independent Lawyers Association, in which it is noted that the
LBK-12 prison is situated in a desert where temperatures fall to -20°C in winter and can
rise to 50°C in the summer heatwaves. The prison is overcrowded, and prisoners with
3
4
5
6
7
The author provided an unofficial translation of his mother’s statement.
See A/HRC/10/8/Add.4, para. 68; and A/HRC/16/53/Add.1, para. 391.
The author refers to his appeals to Dashoguz Regional Court of the decisions of Dashoguz City Court
dated 29 December 2010 and 8 January 2013.
See paras. 2.4 and 2.6 above.
See CAT/C/TKM/CO/1, para. 18.
3