CCPR/C/113/D/2218/2012
and does not provide for any alternative military service, and recommended that the State
party inter alia take all the necessary measures to review its legislation with a view to
providing for alternative service.9
8.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the State party
has violated the author’s rights under articles 7, 10 (1), 14 (7) 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, to include an impartial, effective
and thorough investigation of the author’s claims falling under article 7, prosecution of any
person(s) found to be responsible; expunging of his criminal record; and full reparation,
including appropriate compensation. The State party is under an obligation to avoid similar
violations of the Covenant in the future, including 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 or not 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 in case a violation has been established, 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.
9
8
Human Rights Committee, concluding observations on Turkmenistan (CPR/C/TKM/CO/1, para. 16).