CCPR/C/115/D/2222/2012
7 December 2012, the Committee, acting through its Special Rapporteur on new
communications and interim measures, decided not to accede to this 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
On 1 October 2008, he was called 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 that as a Jehovah’s Witness, his religious
beliefs did not permit him to perform military service.
2.3
On 4 September 2010, the author was arrested by the police, without any
explanation, in a market in Turkmenabat. The police officers, who did not show their
identification documents, slammed the author’s head against a wall before taking him to
police station No. 2 in Turkmenabat. He was then taken to the narcotics division, where he
was detained, without a court order, for nine days.
2.4
On 20 September 2010, the author was tried before the Turkmenabat City Court.
The author explained that his religious beliefs as a Jehovah’s Witness did not permit him to
“take up weapons or learn war” but that he was willing to perform alternative service. The
court convicted him under article 219 (1) of the Criminal Code and sentenced him to 18
months’ imprisonment for refusing military service, to be served in a general regime prison.
The author considers that the 20 September 2010 decision of the Turkmenabad City Court
satisfies his obligation to exhaust all reasonable domestic remedies before filing a
complaint. The author did not appeal his conviction to the higher courts in Turkmenistan.
2.5
Following his conviction, the author was placed in a detention facility in
Turkmenabat and held there for 18 days. On four occasions he was beaten by guards
because of his religious beliefs. On 8 October 2010, the author was transferred to the LBK12 prison in Seydi. He was confined in a bare concrete cell for nine days. The guards
refused to allow him to use the toilet. Two guards beat him with their batons. After being
transferred to a cell in the general prison regime, the author was again repeatedly beaten.
2.6
The author was released from prison on 20 March 2012.1 Owing to the conditions of
his imprisonment, he had to undergo an operation to remove varicose veins caused by
severe exertion. According to the author, he faces the prospect of being called up again for
military service and being imprisoned again as a conscientious objector.2
2.7
In relation to the alleged violation of his rights under article 18 (1) of the Covenant,
the author submits that the national courts have never ruled in favour of a conscientious
objector to military service. He thus maintains that he has exhausted the available domestic
remedies concerning the alleged violation of article 18 (1) of the Covenant. Since the
justice system is perceived as ineffective and lacks independence, the author believes that
filing an appellate complaint would be futile and totally ineffective in his case. 3
2.8
As to the alleged violation of article 7 of the Covenant, the author maintains that
there was no effective domestic remedy available to him. He refers to the concluding
1
2
3
The author submits that as a convict, he is required to report to the police twice a week for a period of
three years.
The author refers to communication No. 2218/2012, Abdullayev v. Turkmenistan, Views adopted on
25 March 2015.
See CAT/C/TKM/CO/1, para. 10.
3