ICCPR Case Digest

CCPR/C/117/D/2224/2012

Communication

2224/2012

Submission: 2012.09.03

View Adopted: 2016.07.14

Dovran Bahramovich Matyakubov v. Turkmenistan

Substantive Issues
  • Conditions of detention
  • Conscientious objection to military service
  • Ne bis in idem
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • Article 14.7
  • Article 18.1
  • Article 7
Full Text

Recommendations

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

  • impartially, effectively and thoroughly investigate the author’s claims falling under article 7 of the Covenant,
  • to prosecute any person(s) found to be responsible,
  • to expunge the author’s criminal record, and to provide him with adequate compensation.

The State party is under an obligation to avoid similar violations of the Covenant in the future. In this connection, the Committee reiterates that the State party should revise its legislation in accordance with its obligation under article 2 (2) of the Covenant, in particular the Military Service and Military Duty Act, as amended on 25 September 2010, with a view to guaranteeing effectively the right to conscientious objection under article 18 (1) of the Covenant.2

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Documents adopted by the Human Rights Committee (March 2012)

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