CCPR/C/117/D/2219/2012
1.1
The author of the communication is Navruz Tahirovich Nasyrlayev, a national of
Turkmenistan, born on 21 March 1991. He claims that the State party has violated his rights
under articles 7, 14 (7) and 18 (1) of the Covenant owing to his repeated prosecution,
conviction and imprisonment as a conscientious objector. Although the author does not
specifically invoke article 10 of the Covenant, the communication also appears to raise
issues under that article. The Optional Protocol entered into force for Turkmenistan on
1 August 1997. The author is represented by counsel, Shane H. Brady.
1.2
In his initial submission, the author requested that the Committee seek assurances
from the State party that, as an interim measure, it would ensure his immediate release
pending the examination of his communication before the Committee. On 7 December
2012, the Committee, acting through its Special Rapporteur on new communications and
interim measures, decided not to accede to that request. On 8 February 2013, the
Committee recalled that the State party should abstain from any acts of pressure,
intimidation or reprisal against the authors of communication and their relatives made in
connection with communications brought before the Committee. The State party, however,
did not respond.
The facts as submitted by the author
2.1
The author submits that he is a Jehovah’s Witness. Before his repeated and unlawful
criminal convictions as a conscientious objector, he had never been charged with a criminal
or administrative offence.
2.2
On 16 April 2009, only weeks after turning 18, he was called up by the Military
Commissariat to perform his compulsory military service. In compliance with the
summons, he met with representatives of the Military Commissariat 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 for six months.
2.3
On 13 October 2009, the author was summoned for the autumn call-up for military
service. He again explained orally and in writing the reasons why he could not perform
military service. On 23 November 2009, he was charged under article 219 (1) of the
Criminal Code for refusing to perform military service. On 7 December 2009, he was tried
before Dashoguz City Court. He testified that he had become a Jehovah’s Witness three
years earlier and that he had learned from the Bible that servants of God should not take up
arms, learn warfare, or support the military or participate in military activity in any other
way. He also testified that he respected the laws of Turkmenistan and was willing to fulfil
his civil obligations by performing alternative civilian service.1
2.4
On 7 December 2009, Dashoguz City Court convicted the author and sentenced him
to 24 months of imprisonment under article 219 (1) of the Criminal Code. He was arrested
in the court room and placed in detention. The author appealed, but on 5 January 2010, his
appeal was rejected by Dashoguz Regional Court.
1
2
See, for example, the Committee’s concluding observations on the initial report of Turkmenistan
(CCPR/C/TKM/CO/1), para. 16, in which it expressed concern that the Act, as amended on
25 September 2010, did not recognize a person’s right to exercise conscientious objection to military
service and did not provide for any alternative military service. The Committee regretted that due to
the law, a number of Jehovah’s Witnesses had been repeatedly prosecuted and imprisoned for
refusing to perform compulsory military service. It requested that the State party take all necessary
measures to review its legislation with a view to providing for alternative military service; ensure that
the law clearly stipulated that individuals had the right to conscientious objection to military service;
and halt all prosecutions of individuals who refused to perform military service on grounds of
conscience and release those individuals who were currently serving prison sentences.