CCPR/C/126/D/2302/2013
consideration of the State party’s second periodic report in March 2017, the Committee was
concerned about the State party’s continued failure to recognize the right to conscientious
objection to compulsory military service and about the repeated prosecution and
imprisonment of Jehovah’s Witnesses who refused to perform compulsory military
service.8 The Committee concludes that, in the present case, the State party has violated the
authors’ rights under article 18 (1) of the Covenant.
8.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of article 18 (1) of the
Covenant.
9.
Pursuant to article 2 (3) (a) of the Covenant, the State party is under an obligation to
provide the authors with an effective remedy. This requires it to make full reparation to
individuals whose Covenant rights have been violated. Accordingly, the State party is
obligated, inter alia, to take appropriate steps to expunge their criminal records and to
provide them with adequate compensation. The State party is also under an obligation to
take all steps necessary to prevent similar violations from occurring in the future. In this
connection, the Committee reiterates that, pursuant to article 2 (2) of the Covenant, the
State party should review its legislation with a view to ensuring the effective guarantee of
the right to conscientious objection under article 18 (1) of the Covenant, for instance, by
providing the possibility of exemption from service or alternative service of a civilian
nature.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory or subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official language of the State party.
8
6
Turkmenistan (CCPR/C/115/D/2222/2012), para. 7.6; Japparow v. Turkmenistan, para. 7.7; Nurjanov
v. Turkmenistan, para. 9.4; and Uchetov v. Turkmenistan, para. 7.7.
CCPR/C/TKM/CO/2, paras. 40–41.
GE.19-19105