CCPR/C/117/D/2226/2012 overcrowded, and prisoners infected with tuberculosis and skin diseases were kept together with healthy inmates. Although the author does not invoke it specifically, the communication also appears to raise issues under article 10 of the Covenant. 3.3 The author claims that his prosecution, conviction and imprisonment for refusing to perform compulsory military service owing to his religious beliefs and conscientious objection have violated his rights under article 18 (1) of the Covenant. 5 He notes that he repeatedly informed the Turkmen authorities that he was willing to fulfil his civil duty by performing genuine alternative service; however, the State party’s legislation does not provide for such an alternative. 3.4 The author requests that the Committee direct the State party to: (a) acquit him of the charges under article 219 (1) of the Criminal Code and expunge his criminal record; (b) provide him with appropriate compensation for the non-pecuniary damages suffered as a result of his conviction; and (c) provide him with appropriate monetary compensation for the legal expenses incurred in submitting his communication to the Committee. State party’s observations on admissibility and the merits 4. On 17 March 2014, the State party submitted its observations on admissibility and the merits of the communication. It 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’s decision. The criminal offence committed by the author was determined accurately according to the Criminal Code of Turkmenistan. Under 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.6 Author’s comments on the State party’s observations 5.1 On 14 May 2014, the author submitted that, in its observations on admissibility and the merits, the State party had not disagreed with any of the facts set out in the communication. The only attempted justification raised by the State party had been its assertion that the author had been convicted 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. According to the author, the State party’s submission shows total disregard for its commitments under article 18 of the Covenant and the Committee’s jurisprudence, which upholds the right to conscientious objection to 5 6 4 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 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.