CCPR/C/115/D/2221/2012
Special Rapporteur on new communications and interim measures, decided not to accede to
this request.
Factual background
2.1
The author states that he has been a Jehovah’s Witness since 2003. In the fall of
2008, shortly after he turned 18, he was called up by the State party’s Military
Commissariat to perform military service. He states that he has explained to the Military
Commissariat in writing and orally that he was not able to perform military service as his
faith did not allow him to take part in any kind of military activity, including using
weapons, wearing military uniforms and taking oaths. According to information provided
by the author, the Military Commissariat gave him a six-month deferral because of his
health.1 He was subsequently given several deferrals2 until early 2011, when he was again
called up for military service. The author claims that he once again explained to the
Military Commissariat, orally and in writing, that he could not perform military service
because he was a Jehovah’s Witness and serving in the military was against his faith. He
indicated to the Military Commissariat that he would be willing to perform alternative
service. The author further claims that he has never been charged with any criminal or
administrative offence other than the present one related to his convictions as a
conscientious objector.
2.2. The author was charged under article 219 (1) of the Criminal Code3 for refusing to
perform military service. His case was transferred to the Dashoguz City Court. On 9 August
2011, the court convicted the author of evading military service and sentenced him to 24
months’ imprisonment, on the basis of article 219 (1) of the Criminal Code. The court
indicated that the author had partially admitted his guilt as he had agreed to be a Jehovah’s
Witness and because of this, he believed that it was wrong to “bear arms or learn war”. The
court further stated that according to a medical report, the author was fit for military service
and concluded that the author’s refusal to serve in the army was without any legal basis.
The author was arrested in the courtroom.
2.3
On 28 September 2011, the Dashgouz Regional Court refused to accept an appeal
presented by the author’s mother on behalf of her son. The court indicated that she did not
have any legal authority to present an appeal on his behalf, as article 436 (2) of the Code of
Criminal Procedure states that the only persons entitled to appeal are the convicted or
acquitted person, his/her lawyer or his/her legal representatives and the victims or their
legal representatives. In the view of the court, the author’s mother was only a witness. 4
2.4
The author alleges that immediately after his arrest he was detained for 18 days in
the temporary holding facility DZ-D/7 in Dashoguz and that on 28 August 2011, he was
transferred to the LBK-12 prison located near the town of Seydi. Immediately after his
1
2
3
4
Information contained in a statement of an official of the Military Commissariat included in the
decision of the Dashoguz City Court of 9 August 2011 (an unofficial English translation of the ruling
has been provided by the author).
According to the statement of the Military Commissariat official contained in the ruling of the
Dashoguz City Court of 9 August 2011, in 2008, 2009 and 2010 the author wrote indicating that he
could not perform military service because of his religion. The reasons why the author was given the
deferrals during this period (2008-2010) are not specified in the official’s statement or in the ruling.
The author provided an unofficial translation of article 219 (1) of the Criminal Code. Article 219:
Evasion of the draft for military service: (1) Evasion of the draft for military service without legal
grounds for exemption from such service, shall be punished by up to two years of corrective labour or
up to two years of deprivation of freedom and shall be punished by three to ten years of deprivation of
liberty.
The author provided an unofficial translation of the ruling of the Dashoguz Regional Court.
3