CCPR/C/117/D/2224/2012 infections. Although the author does not invoke article 10 of the Covenant specifically, the communication also raises issues under that article. 3.3 In the present case, the author has twice been prosecuted, convicted and imprisoned for his refusal to accept military service — which is “based on the same constant resolve grounded in reasons of conscience” — in violation of article 14 (7) of the Covenant. 10 3.4 The author further claims that his prosecution, conviction and imprisonment for refusing to perform compulsory military service due to his religious beliefs and his conscientious objection have violated his rights under article 18 (1) of the Covenant. 11 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 for such an alternative. 3.5 The author requests the Committee to conclude that his repeated prosecution, conviction and imprisonment violate articles 7, 14 (7) and 18 (1) of the Covenant. He also 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 damage that he suffered as a result of his convictions and imprisonment; and (c) to 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. By means of a note verbale dated 17 March 2014, the State party advised, inter alia, that the author’s case 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 was “determined accurately according to the Criminal Code of Turkmenistan”. The State party also notes that according to article 41 of the Constitution, ��protection of Turkmenistan is the sacred duty of every citizen”, and advises that general conscription is compulsory for male citizens of Turkmenistan. 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 Military Service and Military Duty Act”.12 10 11 12 6 See the Committee’s general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, para. 55: “Repeated punishment of conscientious objectors for not having obeyed a renewed order to serve in the military may amount to punishment for the same crime if such subsequent refusal is based on the same constant resolve grounded in reasons of conscience.” In the report on her mission to Turkmenistan (A/HRC/10/8/Add.4), the Special Rapporteur on freedom of religion or belief referred to the principle of ne bis in idem and recommended that Turkmenistan revise its Military Service and Military Duty Act (then cited as the Conscription and Military Service Act) which refers to the possibility of being sanctioned twice for the same offence (para. 68). See, for example, communications Nos. 1853/2008 and 1854/2008, Atasoy and Sarkut v. Turkey, Views adopted on 29 March 2012, paras. 10.4 and 10.5. Article 18 of the Military Service and Military Duty Act, 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 international agreements of Turkmenistan; (d) those who have been convicted twice of committing a minor crime or convicted of a crime of medium gravity, grave crime or especially grave crime; (e) citizens with an academic degree, approved in accordance with the legislation of Turkmenistan; (f) sons or brothers of those who died as a result of carrying out military duties during military service or military training; (g) sons or brothers of those who, as a result of a