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as to become a facilitating rather than monitoring mechanism. In order to do so, it needs to
be autonomous and independent in its character. It also needs to be more representative
and should, to that effect, include representatives of religious minorities.
68. 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 she has already been convicted or acquitted in accordance with the law and penal
procedure of each country.
69. The Special Rapporteur urges the Government to initiate reforms in the judiciary, so
as to offer effective legal means of redress and compensation for denial of freedom of
religion or belief. Moreover, she recommends that the Supreme Court of Justice of
Turkmenistan be entitled to determine whether a law is in conformity or not with the
Constitution.
70. Finally, the Special Rapporteur recommends that law enforcement officials and
representatives of local authorities are provided with adequate training in order to raise
awareness about international human rights standards, including on freedom of religion or
belief. Law enforcement officials should cease all activities which result in undue
limitations on the freedom to manifest one’s religion or belief, such as police raids to
prevent religious gatherings or arrests of believers who undertake peaceful missionary
activities. In case of abusive implementation of the law by officials, the Government should
ensure that those responsible are not granted impunity.
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