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