View Adopted: 2019.07.25
The authors are three nationals of Turkmenistan, who claim that the state party violated their rights under articles 7 and 18 (1) of the Covenant. The authors are Jehovah's Witnesses, who all claimed that they were summoned by the Military Commissariat to enlist for military service, which is against their personal principles in accordance with the religion.
Following their refusal to take part in military service, each author was sentenced to a period of imprisonment.
The authors complained that their imprisonment has subjected them to inhuman and degrading treatment in violation of article 7 of the Covenant, and further that their imprisonment for conscientious objection to military service is of itself in violation of this article. All three authors claim that their prosecution and conviction for refusing to perform compulsory military service owing to their religious beliefs and conscientious objection have violated their rights under article 18(1) of the Covenant.
The Committee found that the authors had failed to substantiate their claim with respect to a violation of article 7 (inhuman or degrading treatment) and declared this section of the communication inadmissible.
The Comittee found that by forcing the authors to engage in military service or face imprisonment, presented a violation of the freedoms enshrined in article 18 of the Covenant, which cannot be derogated from even in times of emergency on the basis that the alternative to miliary service cannot be punitive in nature.
Pursuant to article 2(3) (a) of the Covenant, the State party is under an obligation to provide the authors with an effective remedy, including making full reparation to individuals whose Covenant rights have been violated. Accordingly, the State party is obligated to:
Individual opinion (partly dissenting) of Committee member Hélène Tigroudja
The Committee requested that the state party provide an update outlining measures taken to give effect to the Committee's views within 180 days, or prior to 25 January 2020.