CCPR/C/113/D/2218/2012 The facts as presented by the author 2.1 The author explains that he has never been charged with a criminal or administrative offence other than his repeated criminal convictions as a conscientious objector. He was baptized as a Jehovah’s Witness. 2.2 In the autumn of 2005, shortly after he turned 18, he was called up by the Military Commissariat to perform his compulsory military service. He explained orally and in writing to representatives of the Military Commissariat that his religious beliefs as a Jehovah’s Witness did not permit him to undertake military service. His call-up was deferred for an indefinite period of time. In the spring of 2009, he was summoned for the spring call-up for military service. He again explained orally and in writing to representatives of the Military Commissariat the reasons why he would not undertake military service. On an unspecified date, he was charged under article 219 (1) of the Criminal Code for refusing to perform military service. 2.3 The author’s trial took place on 8 April 2009 before Dashoguz City Court. He testified that he became a Jehovah’s Witness in 2006 and that, from his study of the Bible, he had learned that servants of God should not take up weapons, learn war, or in any other way support the military or participate in military activity. He expressed willingness to fulfil his civic obligations by performing alternative civilian service. The Dashoguz City Court handed down a 24-month conditional sentence, under article 219 (1) of the Criminal Code. He was to be monitored regularly by the police. The author’s conditional sentence ended in April 2011. 2.4 On 26 November 2011, the author was arrested by the police and brought to the Military Commissariat for the call-up for military service. The author again explained that his beliefs prevented him from undertaking military service. He was subsequently again charged under article 219 (1) of the Criminal Code. 2.5 On 6 March 2012, the author’s case was examined by the Dashoguz City Court. He reiterated the reasons why his beliefs did not permit him to perform military service and expressed willingness to perform alternative service. He was again convicted under article 219 (1) of the Criminal Code but this time sentenced to 24 months of imprisonment. He was arrested in the courtroom and placed in detention. 2.6 On 27 March 2012, the Dashoguz Regional Court dismissed the author’s appeal. On an unspecified date, the author appealed to the Supreme Court of Turkmenistan, but his appeal was dismissed on 10 July 2012. 2.7 The author was detained in the Dashoguz remand facility and later transferred to the LBK-12 prison, near the town of Seydi. Immediately upon his arrival at the LBK-12 prison, he was placed in quarantine for 10 days, when prison guards beat him on the head and on the soles of his feet with batons. 2.8 The author maintains that he has exhausted the available domestic remedies concerning his claim under article 18 (1) of the Covenant. As to his claims under articles 7 and 14 (7) of the Covenant, he maintains that there was no effective domestic remedy available to him. He refers to the concluding observations of the Committee against Torture concerning Turkmenistan,1 in which the Committee noted the lack of an independent and effective complaint mechanism in the State party for receiving and conducting impartial and comprehensive investigations into torture allegations, in particular by prisoners and pretrial detainees. As to his claim under article 14 7, he notes that the Special Rapporteur on freedom of religion or belief had urged Turkmenistan to revise its legislation, which 1 See CAT/C/TKM/CO/1, para. 11. 3

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