CCPR/C/115/D/2222/2012
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.
The alternative service must not be of a punitive nature. It must be a real service to the
community and compatible with respect for human rights. 11
7.6
In the present case, the Committee considers that the author’s refusal to be drafted
for compulsory military service derives from his religious beliefs and that the author’s
subsequent conviction and sentence amounted to an infringement of his freedom of thought,
conscience and religion in breach of article 18 (1) of the Covenant. In this context, the
Committee recalls that repression of the refusal to be drafted for compulsory military
service, exercised against persons whose conscience or religion prohibits the use of arms, is
incompatible with article 18 (1) of the Covenant.12 It also recalls that during the
consideration of the State party’s initial report under article 40 of the Covenant, it expressed
its concern that the Law on Military Duty and Military Service, as amended on 25
September 2010, does not recognize a person’s right to exercise conscientious objection to
military service and does not provide for any alternative military service, and recommended
that the State party, inter alia, take all necessary measures to review its legislation with a
view to providing for alternative service.13
8.
The Committee, acting under article 5 (4), of the Optional Protocol, is of the view
that the facts before it disclose a violation of the author’s rights under articles 7, 10 (1) and
18 (1) of the Covenant.
9.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author 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 expunge the author’s criminal record and to provide him
with adequate compensation. The State party is also under an obligation to avoid similar
violations of the Covenant in the future, which includes the adoption of legislative
measures guaranteeing the right to conscientious objection.
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 and 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 Committee’s Views.
11
12
13
See communication Nos. 1642-1741/2007, Min-Kyu Jeong et al. v. the Republic of Korea, Views
adopted on 24 March 2011, para. 7.3; Jong-nam Kim et al. v. the Republic of Korea, para. 7.4; and
Abdullayev v. Turkmenistan, para. 7.7.
See Min-Kyu Jeong et al. v. the Republic of Korea, para. 7.4; Jong-nam Kim et al. v. the Republic of
Korea, para. 7.5; Atasoy and Sarkut v. Turkey, paras. 10.4 and 10.5; Young-kwan Kim et al. v. the
Republic of Korea, para. 7.4; and Abdullayev v. Turkmenistan, para. 7.8.
See CCPR/C/TKM/CO/1, para. 16.
7