CCPR/C/113/D/2218/2012
organizer of his ill-treatment. The author claimed that he was placed in the colony’s
isolation block for 10 days, was beaten, subjected to “goose stepping”, doing push-ups,
running, and sitting on the floor with stretched-out legs. The Committee further notes that
the author’s detailed allegations and his argumentation regarding the lack of adequate
mechanisms for investigation of torture claims in Turkmenistan were not refuted by the
State party. The Committee also recalls that complaints of ill-treatment must be
investigated promptly and impartially by competent authorities.2 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, it 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 detailed claims concerning the deplorable prison
conditions at the LBK-12 prison. He claimed, for example, that the isolation block lacked
basic hygiene, there were around 40 inmates in one cell, a metal barrel emptied once a day
served as a toilet in the cell; and that, during the day, inmates had to sit on the concrete cell
floor and that at night-time they were given dirty blankets, insufficient in number (see
paras. 3.3 and 5.3 above). The Committee notes that these allegations were not contested by
the State party. 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.3 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.4
7.4
The Committee further notes the author’s claim under article 14 (7) of the Covenant
that he has been convicted and punished twice for his objection to perform the compulsory
military service. The Committee also notes that, on 8 April 2009, the Dashoguz City Court
convicted the author under article 219 (1) of the Criminal Code for his refusal to perform
the compulsory military service, handing down a 24-month conditional sentence, and that
he was then again convicted by the same court under article 219 (1) of the Criminal Code
on 6 March 2012 and sentenced to 24 months of effective imprisonment. The Committee
further notes the author’s submission that article 18 (4) of the Law on Conscription and
Military Service permits repeated call-up for military service and stipulates that a person
refusing military service is exempt from further call-up only after he has received and
served two criminal sentences. It notes in addition that these claims were not refuted by the
State party.
7.5
The Committee recalls its general comment No. 32, wherein, inter alia, it stated that
article 14 (7) of the Covenant provides that no one shall be liable to be tried or punished
again for an offence of which they have already been finally convicted in accordance with
the law and penal procedure of each country. Furthermore, repeated punishment of
conscientious objectors for not obeying a renewed order to serve in the military may
amount to punishment for the same crime if such subsequent refusal is based on the same
2
3
4
6
Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture and cruel
treatment or punishment.
See for example communication No. 1520/2006, Mwamba v.Zambia, Views adopted on 10 March
2010, para. 6.4.
See for example communication No. 1530/2006, Bozbey v. Turkmenistan, Views adopted on 27
October 2010, para. 7.3.