CCPR/C/117/D/2224/2012
Author’s comments on the State party’s observations
5.1
On 14 May 2014, the author submitted that the State party had not contested any of
the facts set out in his communication. The only attempted justification raised by the State
party was its assertion that the author was convicted and imprisoned as a conscientious
objector to military service because he “did not qualify” for an exemption from military
service under article 18 of the State party’s Military Service and Military Duty Act. The
author considers that the State party’s observations show total disregard for its
commitments under article 18 of the Covenant and for the Committee’s jurisprudence,
which uphold the right to conscientious objection to military service. Furthermore, the State
party did not contest the author’s allegations that he had suffered — contrary to article 7 of
the Covenant — inhuman and degrading treatment at the hands of law enforcement officers
and prison officers.13
5.2
The author requests that the Committee conclude that his prosecution, conviction
and imprisonment violate his rights under articles 7 and 18 (1) of the Covenant, and that his
repeated prosecution and imprisonment also violates article 14 (7) of the Covenant,14 and he
reiterates his request for remedies (see para. 3.5).
5.3
On 26 January 2015, the author provided further information that on 22 October
2014, the President of Turkmenistan amnestied eight imprisoned Jehovah’s Witnesses,
including the author, three of whom had communications pending with the Committee.
When the author of the present communication was released, he had served 22 months out
of his sentence of 24 months of imprisonment. Although the development was welcome,
the author was not exonerated of his criminal conviction, nor was his criminal record
expunged or any rehabilitation offered. The author adds that several other Jehovah’s
Witnesses had been convicted for refusing military service and been sentenced to
“correctional labour” about three weeks before the amnesty. The author expresses hope that
the State party will take steps to halt the prosecuting and convicting of Jehovah’s
Witnesses, including for their conscientious objection to military service, and requests that
the State party propose a friendly settlement concerning the pending communications from
the conscientious objectors.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claims contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol.
13
14
disease contracted as a consequence of a wound or as a result of injury or contusion, have died within
one year from the day of discharge from military service (after completion of military training) or of
those who, as a result of performing military service, have become disabled during military service or
military training.
See, for example, communication No. 1449/2006, Umarova v. Uzbekistan, Views adopted on
19 October 2010, para. 8.3.
The author of the present communication and the author of communication No. 2220/2012 (Aminov
v. Turkmenistan, Views adopted on 14 July 2016, para. 2.5) were both convicted and sentenced to a
second term of imprisonment, on 24 December 2012 and 8 January 2013 respectively, less than six
months after they had completed their first term of imprisonment and after filing their
communications with the Committee. Therefore, on 1 May 2013, an update was filed with the
Committee on their behalf, adding a violation of article 14 (7) of the Covenant.
7