CCPR/C/TKM/CO/1
The State party should ensure that restrictions on the movement of individuals
within the territory of the State party, as well as the right to exit, and any surveillance
programmes for purposes of State security are compatible with the strict
requirements of article 12. In this regard, the State party should ensure that the
requirement that individuals register their place of residence is in full compliance with
the provisions of article 12 of the Covenant.
13.
The Committee expresses concern at reports that corruption is widespread in the
judiciary. The Committee also expresses concern at the lack of an independent judiciary in
the State party particularly with regard to tenure of office since judges are appointed by the
President for renewable terms of five years. The Committee is concerned that this lack of
security of tenure has the effect of exerting undue influence by the executive on the
administration of justice in the State party (arts. 2 and 14).
The State party should take measures to eradicate corruption by investigating,
prosecuting and punishing alleged perpetrators, including judges who may be
complicit. The State party should take all necessary measures to safeguard the
independence of the judiciary by guaranteeing their tenure of office, and sever the
administrative and other ties with the Executive Office.
14.
While appreciating that under article 125 of the Code of Criminal Procedure
evidence obtained through coercion has no legal force, the Committee is concerned at
increased reports that judges continue to admit as evidence testimony obtained under
torture (arts. 2 and 14).
The State party should ensure that measures are put in place to guarantee, in
practice, the exclusion by the judiciary of any evidence obtained under any form of
coercion and torture.
15.
The Committee is concerned that under the HIV/AIDS Prevention Act of 2001,
foreign citizens infected with HIV/AIDS may freely enter the territory of the State party but
only for a maximum period of three months. The Committee is also concerned that upon
detection of an infection, foreign nationals are deported (arts. 17 and 26).
The State party should revise its legislation to ensure that foreign nationals who
enter the territory of the State party enjoy all their rights under the Covenant,
particularly to freedom of movement and privacy.
16.
The Committee is concerned that the Conscription and Military Service Act, as
amended on 25 September 2010, does not recognize a person’s right to exercise
conscientious objection to military service and does not provide for any alternative military
service. The Committee regrets that due to this law, a number of persons belonging to the
Jehovah’s Witness have been repeatedly prosecuted and imprisoned for refusing to perform
compulsory military service (art. 18).
The State party should take all necessary measures to review its legislation with
a view to providing for alternative military service. The State party should also ensure
that the law clearly stipulates that individuals have the right to conscientious objection
to military service. Furthermore, the State party should halt all prosecutions of
individuals who refuse to perform military service on grounds of conscience and
release those individuals who are currently serving prison sentences.
17.
While noting the plans and efforts by the State party to review its legislation on
religious organizations, the Committee is concerned that the Freedom of Religion and
Religious Organizations Act provides for the compulsory registration of religious
associations and similar entities. The Committee is also concerned that the practice of a
religion and the conduct of any religious activities without registration is subject to
administrative penalties. Furthermore, the Committee is concerned at reports that the
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