ICCPR Case Digest

CCPR/C/117/D/2227/2012

Communication

2227/2012

Submission: 2012.09.03

View Adopted: 2016.07.14

Akmurat Halbayewieh Yegendurdyyew v. Turkmenistan

Substantive Issues
  • Conditions of detention
  • Conscientious objection to military service
  • Torture / ill-treatment
Relevant Articles
  • Article 10
  • 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 also obligated, inter alia,

  • to impartially, effectively and thoroughly investigate the author’s claims of violations of article 7;
  • to prosecute any person or persons found to be responsible of committing those violations;
  • 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 that connection, the Committee reiterates that the State party should revise its legislation in accordance with its obligation under article 2 (2), in particular the Law on Military Duty and Military Service, as amended on 25 September 2010, with a view to ensuring the effective guarantee of the right to conscientious objection under article 18 (1) of the Covenant.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

Arabic | Chinese | English | French | Russian | Spanish

CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

English | French | Spanish | Russian | Handbook

CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

English | French | Spanish | Russian | Arabic | Chinese