The Turkmen Initiative for Human Rights (the publisher of “Chronicles of Turkmenistan”) has prepared an open letter pertaining to a review of the situation with regard to prosecution of Jehovah’s Witnesses.
Dear Ms Gurbannazarova,
The Turkmen Initiative for Human Rights requests you to assist in stopping the ongoing practice of criminal prosecution of Jehovah’s Witnesses who refuse compulsory military service on the grounds of conscience.
According to the organization Forum 18, 11 Jehovah’s Witnesses conscientious objectors to military service are serving jail sentences in Turkmenistan’s prisons, with three individuals being sentenced over the past three months.
In the overwhelming majority of cases all convicts face prosecution under article 219 of Turkmenistan’s Criminal Code.
Article 219, Part 1 evasion of call-up to military service in the absence of legal grounds to an exemption from this
Article 219, Part 2 evasion of call-up to military service “by means of inflicting injury to oneself, or by simulation of illness, by means of forgery of documents, or other fraudulent ways”.
It should be pointed out that all convicts informed the Turkmen authorities, verbally or in writing, that they were willing to do their civic duty by performing civilian service as an alternative to compulsory military service.
However, Turkmenistan’s legislation does not provide for this option and has ignored repeated international calls, for example by the United Nations Human Rights Committee, to review legislation with a view to ensuring the effective safeguards of the right to refuse military service on the grounds of conscience pursuant to clause 1, article 18 of the International Covenant on Civil and Political Rights (see individual complaints to the UN Human Rights Committee against Turkmenistan).
We would like to draw your attention to the fact that on 2 September 2020 representatives of Forum 18 tried to contact you by telephone pertaining to the prosecution of Orazgeldiev.
However, an employee of your office refused to provide an opportunity to talk to you and refused to answer questions of human rights defenders.
Please find enclosed a brief description of all cases of Turkmenistan-based Jehovah’s Witnesses, which were reviewed by the UN Committee from 2015 to 2019.A detailed description of arbitrary/non-transparent trials, beating, torture, harsh prison conditions could reveal physical damage and psychological pressure to which convicted Jehovah’s Witnesses serving jail sentences in Turkmenistan prisons are subjected.
Dear Ms Gurbannazarova,
Based on the premise that the Office of the Ombudsman is committed to overseeing government bodies and helping to ensure the latter observe the principles and practices of good governance by reviewing complaints submitted by the public (see “Handbook on Human Rights of Armed Forces Personnel and Fundamental Freedoms of Armed Forces Personnel”, the OSCE, 2008), the TIHR kindly requests you to use your good offices to ensure the government fulfills repeated recommendations of the UN Human Rights Committee with regard to Jehovah’s Witness conscientious objectors to military service, namely:
to review legislation with the view of ensuring effective safeguards of the right to refuse to perform military service on the grounds of conscience pursuant to clause 1, article 18 of the Covenant, for instance, by providing the possibility of alternative service of a civilian nature;
to stop criminal prosecution of Turkmen citizens who refuse military service on the grounds of conscience;
to ensure effective safeguards for convicted Jehovah’s Witnesses conscientious objectors; in cases where they have been subjected to torture in custody or inhuman or degrading treatment – to carry out an prompt and impartial investigation and hold accountable those responsible.
Sincerely,
The TIHR Chairperson
Farid Tukhbatullin
The full pdf document with annexes is available here.