CCPR/C/117/D/2226/2012 given to the author’s claim. Accordingly, the Committee concludes that the facts as presented reveal a violation of the author’s rights under article 7 of the Covenant. 7.3 The Committee notes the author’s claims concerning the conditions he endured at the LBK-12 prison during his imprisonment from 17 August 2009 to 13 July 2011, including his confinement in a bare concrete cell as a method of punishment, and exposure to extreme heat in summer and extreme cold in winter. The Committee also notes that those allegations were not contested by the State party and that they are consistent with the findings of the Committee against Torture in its concluding observations on the initial report of the State party (CAT/C/TKM/CO/1, para. 19). 7.4 The Committee recalls that persons deprived of their liberty may not be subjected to any hardship or constraint other than that resulting from the deprivation of liberty; they must be treated in accordance with, inter alia, the Standard Minimum Rules for the Treatment of Prisoners.9 In the absence of any other pertinent information on file, the Committee decides that due weight must be given to the author’s allegations. Accordingly, the Committee finds that confining the author in such conditions constitutes a violation of his right to be treated with humanity and with respect for the inherent dignity of the human person under article 10 (1) of the Covenant.10 7.5 The Committee notes the author’s claim that his rights under article 18 (1) of the Covenant have been violated due to the absence in the State party of an alternative to compulsory military service, as a result of which his refusal to perform military service because of his religious beliefs led to his criminal prosecution and subsequent conviction. The Committee takes note of the State party’s submission that the criminal offence committed by the author was determined accurately according to the Criminal Code of Turkmenistan, that pursuant to article 41 of the Constitution, the protection of Turkmenistan is the sacred duty of every citizen, and that general conscription is compulsory for male citizens. 7.6 The Committee recalls its general comment No. 22 (1993) on the right to freedom of thought, conscience and religion, in which it considers that the fundamental character of the freedoms enshrined in article 18 (1) is reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4 (2) of the Covenant. The Committee recalls its prior jurisprudence stating that although the Covenant does not explicitly refer to a right of conscientious objection, such a right derives from article 18, inasmuch as the obligation to be involved in the use of lethal force may seriously conflict with the freedom of thought, conscience and religion.11 The right to conscientious objection to military service inheres in the right to freedom of thought, conscience and religion. It entitles any individual to an exemption from compulsory military service if such service cannot be reconciled with that individual’s religion or beliefs. The right must not be impaired by coercion. A State may, if it wishes, compel the objector to undertake a civilian alternative to military service, outside the military sphere and not under military command. 9 10 11 6 See, for example, communication No. 1520/2006, Mwamba v. Zambia, Views adopted on 10 March 2010, para. 6.4. See, for example, communications No. 1530/2006, Bozbey v. Turkmenistan, Views adopted on 27 October 2010, para. 7.3; and Abdullayev v. Turkmenistan, para. 7.3. See communications Nos. 1321/2004 and 1322/2004, Yeo-Bum Yoon and Myung-Jin Choi v. Republic of Korea, Views adopted on 3 November 2006, para. 8.3; No. 1786/2008, Jong-nam Kim et al. v. Republic of Korea, Views adopted on 25 October 2012, para. 7.3; Atasoy and Sarkut v. Turkey, paras. 10.4 and 10.5; No. 2179/2012, Young-kwan Kim et al. v. Republic of Korea, Views adopted on 15 October 2014, para. 7.4; Abdullayev v. Turkmenistan, para. 7.7; Mahmud Hudaybergenov v. Turkmenistan, para. 7.5; Ahmet Hudaybergenov v. Turkmenistan, para. 7.5; and Japparow v. Turkmenistan, para. 7.6.