CCPR/C/125/D/2316/2013 suffering from epileptic seizures since childhood and to a confirmed diagnosis of “asthenicdepressive syndrome”.1 2.2 In October 2012, the author was summoned for military service, contrary to his religious convictions and in disregard of his medical condition. He explained orally and in writing to representatives of the Military Commissariat that, as a Jehovah’s Witness, his religious beliefs did not permit him to perform military service. On 5 December 2012, the author was declared fit for military service. 2.3 On 7 December 2012, the author was summoned to report for military service, which he did. On 8 December 2012, he was arrested by employees of the Military Commissariat and placed in pretrial detention at the DZ-D/7 detention facility in Dashoguz. On 9 January 2013, the trial against him took place in Dashoguz City Court. The author explained that he had refused to perform military service for religious reasons and that his conscience did not allow him to perform military service, take an oath of allegiance, put on a military uniform or bear arms, but that he was willing to fulfil his civil obligations by performing alternative civilian service. 2 2.4 On 9 January 2013, the author was convicted and sentenced by the Dashoguz City Court to 24 months of imprisonment under article 219 (1) of the Criminal Code for refusing to perform military service. 3 He was taken into custody in the court room. His mother lodged an appeal on his behalf as he was unable to do so owing to his imprisonment. However, when she visited the author on 15 January 2013, the detention facility officers refused to permit the author to sign the appeal. On 18 January 2013, the author’s mother submitted a complaint to the Prosecutor General of Turkmenistan, in which she requested him to take urgent measures to enable the author to sign the appeal within the deadline for submitting the appeal, which was to expire on 19 January 2013. In a letter dated 5 February 2013, the Dashoguz City Prosecutor stated that a “brief meeting” between the author and his mother had taken place on 15 January 2013 and that an appeal could be submitted by a lawyer or by the author. The Prosecutor’s response ignored the main point of the complaint, namely, the fact that the detention personnel present at the meeting between the author and his mother had refused to permit the author to sign the appeal as well as the fact that he was not, at that point, represented by counsel. Because of the refusal by the detention officers to permit him to sign the appeal, the author was unable to appeal the judgment of the Dashoguz City Court. The author asserts that, since there was no effective domestic remedy available to him to complain about the alleged violation of his rights under the Covenant, the obligation to exhaust all available domestic remedies has been satisfied. 2.5 At the time of the complaint, the author was serving his prison sentence at the LBK12 prison, located near the town of Seydi. The complaint 3.1 The author claims that his prosecution and imprisonment on the ground of his religious beliefs expressed in his conscientious objection to military service in itself constitutes inhuman or degrading treatment within the meaning of article 7 of the Covenant. The author also claims a violation of article 7 of the Covenant on account of the detention conditions in the LBK-12 prison. In that regard, he refers to the concluding observations of 1 2 3 2 The author refers to a letter dated 4 February 2013 from the Ministry of Health and Medical Industry of Turkmenistan to his mother, in which it is noted that he had been diagnosed with “asthenicdepressive syndrome” at a psychoneurological hospital. The Military Service and Military Duty Act does not recognize a person’s right to exercise conscientious objection to military service and does not provide for any alternative military service. For recommendations received by Turkmenistan in the context of the Act, see, inter alia, the report of the Special Rapporteur on freedom of religion or belief on her mission to Turkmenistan (A/HRC/10/8/Add.4, para. 68) and the Committee’s concluding observations on the second periodic report of Turkmenistan (CCPR/C/TKM/CO/2, paras. 40–41). Article 219 (1) of the Criminal Code provides that evasion of the draft for military service in the absence of legal grounds for exemption from such service shall be punished with correctional labour for up to two years or imprisonment for up to two years.