CCPR/C/117/D/2224/2012 Articles of the Optional Protocol: 5 (2) (b) 1.1 The author of the communication is Dovran Bahramovich Matyakubov, a national of Turkmenistan born on 18 September 1992. 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, due to his repeated prosecution, conviction and imprisonment as a conscientious objector. Although the author does not invoke this provision specifically, the communication also appears to raise issues under article 10 of the Covenant. The Optional Protocol entered into force for the State party on 1 August 1997. The author is represented by counsel, Shane H. Brady. 1.2 In his initial communication, dated 3 September 2012, the author requested that the Committee apply rule 92 of its rules of procedure and seek assurances from the State party as an interim measure that it would not subject him to a second round of criminal prosecution and conviction, pending examination of his communication by the Committee. On 7 December 2012, the Committee, acting through its Special Rapporteur on new communications and interim measures, decided not to accede to the request to grant interim measures. The facts as submitted by the author 2.1 The author is a Jehovah’s Witness. Before his repeated and unlawful criminal convictions as a conscientious objector, he had never been charged with any criminal or administrative offence. 2.2 On 17 September 2010, he was called by the Military Commissariat to perform his compulsory military service. He explained in detail to representatives of the Military Commissariat that, as a Jehovah’s Witness, his religious beliefs did not permit him to perform military service. However, he was charged with refusing military service, under article 219 (1) of the Criminal Code. 2.3 The author’s trial took place on 28 December 2010 in Boldumsaz District Court. He explained in detail the reasons why his religious beliefs did not permit him to perform military service and that he was willing to perform alternative civilian service.1 On the same day, Boldumsaz District Court sentenced him to 18 months of imprisonment for refusing military service, under article 219 (1) of the Criminal Code, to be served in a “general regime” colony. He was arrested in the courtroom and was placed in the DZK-7 detention facility in Dashoguz, where he was held in custody for 71 days. On 8 March 2011, he was transferred to the LBK-12 prison, which is located near the town of Seydi, in the Lebap region, in the desert of Turkmenistan. While in detention, as a Jehovah’s Witness, the author was singled out for harsh treatment. Immediately he arrived at the LBK-12 prison, he was placed in solitary confinement for 10 days. 1 2 See, for example, the Committee’s concluding observations of 19 April 2012 (CCPR/C/TKM/CO/1, para. 16), in which the Committee expresses its concern that the Conscription and Military Service Act, amended on 25 September 2010 and now referred to as the Military Service and Military Duty Act, did not recognize a person’s right to exercise conscientious objection to military service and did not provide for any alternative to military service. The Committee regretted that, due to that law, a number of persons belonging to the Jehovah’s Witnesses had been repeatedly prosecuted and imprisoned for refusing to perform compulsory military service. The State party was requested: (a) to take all necessary measures to review its legislation with a view to providing for an alternative to military service; (b) to ensure that the law clearly stipulates that individuals have the right to conscientious objection to military service; and (c) to halt all prosecutions of individuals who refuse to perform military service on grounds of conscience and release those individuals who are currently serving prison sentences.

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