CCPR/C/115/D/2221/2012 State party’s observations on admissibility and the merits 4. On 17 March 2014, the State party submitted a note verbale containing its observations on the admissibility and merits of the communication. The State party reports that, among other things, the author’s case was carefully considered by the relevant law enforcement bodies of Turkmenistan and no reason had been found to appeal the court’s decision. According to the State party, the criminal offence committed by the author was “determined accurately according to the Criminal Code of Turkmenistan”. It further notes that according to article 41 of the Constitution, “protection of Turkmenistan is the sacred duty of every citizen” and that general conscription is compulsory for male citizens of Turkmenistan. In addition, the author “did not meet the criteria of persons to be exempted from military service as provided for under article 18 of the Law on Military Duty and Military Service”. Author’s comments on the State party’s observations 5.1 On 14 May 2014, the author submitted his comments on the State party’s observations. The author notes that the State party in its submission on the admissibility and merits does not disagree with any facts set out in the communication. The only attempted justification provided by the State party is its assertion that the author was convicted and imprisoned as a conscientious objector to military service because he “did not qualify” for an exemption from military service under article 18 of the Law on Military Duty and Military Service. 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 military service. Furthermore, the State party does not contest the author’s allegations that he has suffered inhuman and degrading treatment at the hands of law enforcement officers and prison officers, contrary to article 7 of the Covenant. 5.2 The author concludes that his prosecution, conviction and imprisonment violated his rights under articles 7 and 18 (1) of the Covenant. He reiterates his request for remedies to be provided by the State party (see para. 3.4). 5.3 On 22 October 2014,11 the author added that he was released on 9 August 2013 after serving his prison term. He provided the Committee with a signed statement reiterating the facts of his case and adding that on 28 August 2011, he was transferred to LBK-12 prison in Seydi from the temporary holding facility DZ-D/7 in Dashoguz, where he spent 18 days. He stated that he was placed in an isolation cell for 10 days upon arrival at the LBK-12 prison. In September 2011, the director of the prisons’ working facilities for detainees, Major R.B.,12 kicked him in the chest, slapped him several times and used his palms to hit him in the area around his ears. The author stated that his left ear hurt for a month afterwards. The author further claimed that Major R.B. used to hit him with a wire on his back and that on a different occasion, he hit him from morning until lunchtime.13 The author further claimed that the conditions of detention were very bad as there was no glass in the windows; it was therefore very cold during the winter and very hot during the summer. Furthermore, he was not allowed to use the indoor showers during the winter, so he had to use those located outdoors, where it was freezing. Finally, he stated that he has been suffering from kidney pain since his imprisonment. 11 12 13 The author’s submission was transmitted to the State party on 9 December 2014. The author does not specify the date of this event. The author does not provide further information regarding this claim. 5