CCPR/C/113/D/2218/2012 allowed defendants to be sentenced twice for the same offence, and notes that the State party has failed to act on those recommendations. The complaint 3.1 The author claims that his imprisonment on account of his religious beliefs in itself constituted inhuman or degrading treatment within the meaning of article 7 of the Covenant. 3.2 He also claims that he was ill-treated by the prison guards of the LBK-12 prison, again in violation of his rights under article 7 of the Covenant. 3.3 The author further claims to be the victim of a violation of article 7 of the Covenant on account of the conditions at the LBK-12 prison. He refers, inter alia, to the report of February 2010 of Turkmenistan’s Independent Lawyers Association, in which it is noted that the LBK-12 prison is situated in a desert with winter temperatures of minus 20 degrees Celsius and, in summer, heatwaves reaching 50 degrees. The prison is overcrowded and prisoners infected with tuberculosis and skin diseases are kept together with healthy inmates (see also para. 5.3 below). Although the author does not specifically invoke article 10 of the Covenant, the communication also appears to raise issues under that article. 3.4 The author furthermore claims a violation of his rights under article 14 (7) of the Covenant as he was convicted twice for his refusal to accept military service owing to his religious beliefs. He notes that, under article 219 (1) of the Criminal Code, refusing the call-up for military service is punishable by imprisonment for a maximum of two years and that article 18 (4) of the Law on Conscription and Military Service permits repeated call-up for military service, stipulating that a person refusing military service is exempt from further call-up only after he has received and served two criminal sentences. 3.5 The author also claims that his criminal prosecutions, convictions and imprisonment on account of his conscientious objection to military service have violated his rights under article 18 (1) of the Covenant. 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 opportunity to perform any alternative service. State party’s observations on admissibility and merits 4. By note verbale of 17 March 2014, the State party informed the Committee that, inter alia, the author’s case has been “carefully considered by the relevant law enforcement bodies of Turkmenistan and no reason had been found to appeal the court decision”. The criminal offence committed by the author was “determined accurately according to the Criminal Code of Turkmenistan”. It further notes that, under article 41 of the Constitution, “protection of Turkmenistan is the sacred duty of every citizen”. General conscription is compulsory for male citizens. In addition, the author did not meet the criteria for persons to be exempted from military service as provided for under article 18 of the Law on Military Conscription and Military Service. Author’s comments on the State party’s observations 5.1 On 14 May 2014, the author noted that the State party does not contest the facts as set out in the communication. The only justification that the State party provides is that he was convicted and imprisoned as a conscientious objector to military service because he did not qualify for an exemption under article 18 of the Law on Conscription and Military Service. This shows the State party’s total disregard for its commitments under article 18 of the Covenant and the Committee’s jurisprudence upholding the right to conscientious objection to military service. Furthermore, the State party does not contest the author’s 4

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