CCPR/C/117/D/2227/2012 concluding observations of the Committee against Torture, in which the Committee expressed concern regarding ongoing physical abuse and psychological pressure 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 (see CAT/C/TKM/CO/1, para. 18). The author refers to the jurisprudence of the European Court for Human Rights4 and to the report of the Turkmenistan Independent Lawyers Association of February 2010, in which it was noted that LBK-12 prison is situated in a desert where temperatures fall to minus 20 degrees Celsius in the winter and rise to 50 degrees Celsius in the summer. The prison is overcrowded and prisoners with tuberculosis and skin diseases are kept together with healthy inmates, putting the author at a high risk of infection. Although the author does not invoke it specifically, the communication also raises 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.5 He notes that he repeatedly informed the Turkmen authorities that he was willing to fulfil his civic duties by performing genuine alternative service, but that the State party’s legislation does not provide such alternative. 3.4 The author requests the Committee to direct the State party to: (a) acquit him of the charges under article 219 (1) of the Criminal Code and to expunge his criminal record; (b) provide him with appropriate compensation for the non-pecuniary damages suffered as a result of his convictions and imprisonment; and (c) provide him with appropriate monetary compensation for his legal expenses, in accordance with article 2 (3) of the Covenant. State party’s observations on admissibility and the merits 4. On 17 March 2014, the State party reported that the author’s case, among others, had been carefully considered by the relevant law enforcement bodies of Turkmenistan and no reason had been found to appeal the court decision. According to the State party, the criminal offence committed by the author had been determined accurately according to the Criminal Code of Turkmenistan. It further notes that, according to article 41 of the Constitution, “protection of Turkmenistan is the sacred duty of every citizen” and that general conscription is compulsory for male citizens. In addition, the author “did not meet the criteria of persons to be exempted from military service as provided for under article 18 of the Law on Military Duty and Military Service”.6 4 5 6 4 See, e.g., Kolesnik v. Russia, application No. 26876/08, judgment of 17 June 2010, paras. 68-69 and 72, in which the Court concluded that an extradition order to Turkmenistan for criminal prosecution subjected the applicant in that case to “serious risk” of being subjected to torture or inhuman or degrading treatment or punishment. The following factors were taken into account: credible and consistent reports from various reputable sources of widespread torture, beatings and use of force against criminal suspects by Turkmen law enforcement authorities, as well as very poor conditions of detention. See, e.g., communication No. 1853-1854/2008, Atasoy and Sarkut v. Turkey, Views adopted on 29 March 2012, paras. 10.4 and 10.5. Article 18 of the Law on Military Duty and Military Service, as amended on 25 September 2010, stipulates that the following citizens shall be exempted from military service: (a) those who have been declared unfit for military service for health reasons; (b) those who have performed military service; (c) those who have performed military or another form of service in the armed forces of another State in accordance with the international agreements entered into by Turkmenistan; (d) those who have been convicted twice of committing a minor crime or convicted of a crime of medium gravity, a grave