CCPR/C/115/D/2221/2012
transfer to the LBK-12 prison he was put in quarantine for 10 days. The author states that
he was subjected to torture and ill-treatment while detained.
2.5
The author alleges that he has exhausted all available domestic remedies concerning
his claim under article 18 (1) of the Covenant, as the State party’s judicial authorities,
including trial courts, appeal courts and the Supreme Court, have never ruled in favour of
conscientious objectors to military service. Since the justice system is perceived to be
ineffective and lacks independence, the author believes that filing an appellate complaint
would be futile and totally ineffective in his case. 5
2.6
Regarding the claims under article 7 of the Covenant, the author states that there
were no effective domestic remedies available to him. He quotes the concluding
observations of the Committee against Torture concerning the State party, in which the
Committee noted the lack of an independent and effective complaint mechanism for
receiving and conducting impartial and comprehensive investigations regarding allegations
of torture and ill treatment, in particular those made by prisoners and pre-trial detainees.6
The complaint
3.1
The author claims that his imprisonment on account of his religious beliefs in itself
constitutes inhuman or degrading treatment within the meaning of article 7 of the Covenant.
3.2
The author further claims a violation of article 7 of the Covenant on account of the
treatment he received while in detention, which amounted to torture and ill-treatment,7 and
of the conditions of imprisonment at the LBK-12 prison. He refers to the concluding
observations of the Committee against Torture cited above, in which the Committee
expressed concern regarding ongoing physical abuse and psychological pressures by prison
staff in Turkmenistan, including collective punishment, ill-treatment as a “preventive”
measure, the use of solitary confinement, and sexual violence and rape by prison officers or
inmates.8 The author further refers to the report of the Turkmenistan Independent Lawyers
Association of February 2010, which notes that the LBK-12 prison is located in a desert
where temperatures can reach -20° Celsius in winter and 50° in summer. The prison is
overcrowded and prisoners infected with tuberculosis and skin diseases are kept together
with healthy inmates.9 Although the author does not invoke it specifically, the
communication also appears to raise issues under article 10 of the Covenant.
3.3
The author also claims that his prosecution, conviction and imprisonment for
refusing to perform compulsory military service because of his religious beliefs and
conscientious objection have violated his rights under article 18 (1) of the Covenant.10 He
notes that he repeatedly informed the Turkmen authorities that he was willing to fulfil his
civic duties by performing genuine alternative service; however, the State party’s
legislation does not provide for the possibility of performing any alternative service.
3.4
The author requests the Committee to direct the State party (a) to acquit him of the
charges under article 219 (1) of the Criminal Code and to expunge his criminal record; (b)
to provide him with appropriate compensation for the non-pecuniary damages suffered as a
result of his conviction and imprisonment; and (c) to provide him with appropriate
monetary compensation for his legal expenses.
5
6
7
8
9
10
4
See CAT/C/TKM/CO/1, para. 10.
Ibid., para. 11.
See paras. 2.4 and 5.3.
CAT/C/TKM/CO/1, para. 18.
The author provided a detailed description of the ill-treatment he was subjected to while in detention
when he was released in August 2013. See para. 5.3.
See, for example, communications Nos. 1853-1854/2008, Atasoy and Sarkut v. Turkey, Views
adopted on 29 March 2012, paras. 10.4 and 10.5.