CCPR/C/117/D/2219/2012 State party’s observations on admissibility and the merits 4. By note verbale of 17 March 2014, the State party informed the Committee 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 noted that according to article 41 of the Constitution, protecting Turkmenistan was the sacred duty of every citizen, and general conscription was compulsory for male citizens. The author did not meet the criteria of persons eligible to be exempted from military service, as provided for under article 18 of the Military Service and Military Duty Act.11 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 had been 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 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 the Committee’s jurisprudence, which upholds the right to conscientious objection to military service. Furthermore, the State party does not contest the author’s allegations that he has suffered inhuman and degrading treatment at the hands of law enforcement officers and prison officers, contrary to article 7 of the Covenant. 12 5.2 The author submits that the State party does not contest that on 24 January 2013 at 10 p.m., more than 30 police officers raided his family home in order to punish and intimidate him. He reiterates that the police repeatedly beat his family and friends, and threatened to rape one of the guests, a young married woman, while beating her husband in her presence. In the author’s view, the State party has not taken any action to punish the police officers who took part in that brutal, illegal raid. 5.3 The author requests that the Committee conclude that his prosecution, conviction and imprisonment violate his rights under articles 7, 14 (7) and 18 (1) of the Covenant, and reiterates his request for remedies (see para. 3.5 above). 5.4 On 22 October 2014, the author submitted that he had been released from prison on 1 May 2014, after having served the full term of his second two-year sentence for conscientious objection. Upon his release, he provided further information in support of his claims that his rights under articles 7, 14 (7) and 18 (1) of the Covenant had been violated. 11 12 6 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 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 crime or an 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; and (g) sons or brothers of those who, as a result of a 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.