Turkmenistan: Urgent appeal sent on 12 February 2010 jointly with the Chair-Rapporteur of the Working Group on Arbitrary Detention

Turkmenistan: Urgent appeal sent on 12 February 2010 jointly with the Chair-Rapporteur of the Working Group on Arbitrary Detention
Date: 
14/02/2011

The Special Rapporteur would like to reiterate the observations and recommendations on the issue of conscientious objection in his predecessor’s country report on Turkmenistan (see A/HRC/10/8/Add.4, paras. 17, 50-51, 61 and 68). In paragraph 68 of the country report, the Special Rapporteur recommended that “the Government should ensure that conscientious objectors in Turkmenistan, in particular Jehovah’s Witnesses who refuse to serve in the army due to their religious beliefs, be offered an alternative civilian service which is compatible with the reasons for conscientious objection. As such, the Government should also revise the Conscription and Military Service Act which refers to the possibility of being sanctioned twice for the same offence. The Special Rapporteur would like to recall that according to the principle of “ne bis in idem”, as enshrined in article 14 (7) of the International Covenant on Civil and Political Rights, no one shall be liable to be tried or punished again for an offence for which he or HRC/16/53/Add.1 she has already been convicted or acquitted in accordance with the law and penal procedure of each country.

Recognition of CO Recognised
Repeated punishment Recognised