CCPR/C/117/D/2226/2012
1.1
The author of the communication is Shadurdy Uchetov, a national of Turkmenistan,
born in 1988. He claims that the State party has violated his rights under articles 7 and 18
(1) of the Covenant. Although the author does 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 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 not subject him to a second
criminal prosecution while his communication was pending 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.
The facts as submitted by the author
2.1
The author submits that he is a Jehovah’s Witness. He has never been charged with a
criminal or administrative offence other than his criminal conviction as a conscientious
objector.
2.2
In the spring of 2006, he was called up by Dashoguz Regional 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.1 The author, however, expressed his willingness to perform
alternative civilian service. His call-up was repeatedly deferred, but on 30 June 2009 he
was charged under article 219 (1) of the Criminal Code2 for refusing to perform military
service.
2.3
On 13 July 2009, the author was tried before Dashoguz City Court. He explained
that his religious beliefs as a Jehovah’s Witness did not permit him to take up arms or learn
warfare, and reiterated his willingness to fulfil his civil obligations by performing
alternative civilian service. Dashoguz City Court convicted the author under article 219 (1)
of the Criminal Code and sentenced him to 24 months of imprisonment, to be served in a
general regime penitentiary. He was arrested in the courtroom.
2.4
On 11 August 2009, the Judicial Chamber for Criminal Cases of Dashoguz Regional
Court rejected the author’s appeal. The author’s mother, at the request of her son, prepared
a supervisory appeal to file with the Supreme Court of Turkmenistan. However, the
administration of Dashoguz remand prison refused to provide the author with the text of the
request for appeal in order for him to sign it. As a result, the time limit for filing a
supervisory appeal expired. On 18 September 2009, the author’s mother filed an application
with the Prosecutor General of Turkmenistan requesting an extension of the time limit for
filing a supervisory appeal with the Supreme Court. On 4 November 2009, the Prosecutor
General’s Office rejected that application, noting that there was no basis for reversing the
court decision in that case.
1
2
2
The Military Service and Military Duty Act does not recognize a person’s right to exercise
conscientious objection to military service and does not provide for any alternative military service.
For recommendations received by Turkmenistan in the context of the Act, see, inter alia, the report of
the Special Rapporteur on freedom of religion or belief on her mission to Turkmenistan
(A/HRC/10/8/Add.4), para. 68, and the Committee’s concluding observations on the initial report of
Turkmenistan (CCPR/C/TKM/CO/1), para. 16.
Article 219 (1) of the Criminal Code provides that evasion of the draft for military service in the
absence of legal grounds for exemption from such service shall be punished with correctional labour
for up to two years or imprisonment for up to two years.