Overview
The 1997 Criminal Code of Turkmenistan, updated in 2020, contains a number of problematic HIV-specific criminal provisions as well as some sentence enhancements for HIV transmission.
Section 119 criminalises anyone who knowingly exposes another person to HIV, with a penalty of up to three years’ imprisonment. The law also criminalises HIV transmission by someone who knows they are HIV-positive, and carries a penalty of up to five years’ imprisonment, or up to eight years where committed against more than one person or a minor. There are no mens rea requirements, nor defences.
Section 119 also penalises negligent transmission caused by improper performance by a medical professional, with a penalty of up to five years’ imprisonment and/or a revocation of the right to some professional activities for up to three years.
In 2020, article 119 was supplemented by article 1191 “malicious evasion from treatment of a recognized dangerous infectious disease of an epidemic or pandemic nature and deliberate infection with it”. According to this article, for malicious evasion, flight from treatment, knowingly exposing others to this disease, is punishable by up to 2 years in prison. Repeated violations are punishable by up to 5 years in prison. The new law came into force in September 2020.
Furthermore, section 134, which criminalises rape, allows for enhanced sentencing where HIV is transmitted. The sentence is raised from three to ten years’ imprisonment to ten to twenty-five years where HIV was transmitted as a result of the act.
Similarly, section 135 which criminalises “sodomy” (sic), that is sexual intercourse between adult males both consensual and non-consensual, contains a similar sentence enhancement. The penalty imposed is raised from two years’ imprisonment to ten to twenty years’ imprisonment where HIV is transmitted, but this is seemingly only in cases of non-consensual sex between men.
There are no known cases of HIV criminalisation in Turkmenistan to date.
Laws
Criminal Code of Turmenistan of June 12, 1997 No. 222-1 (as amended on 22-08-2020)
Article 119. Infection with AIDS
(1) A person who exposes another person to the risk of contracting AIDS, sentenced to up to three years in prison.
(2) Although he or she knows that he or she has AIDS, sentenced to up to five years in prison.
(3) Who has committed the acts provided for in the second part of this Article in respect of two or more persons, or under the age of majority, sentenced to eight years in prison.
(4) If a doctor infects another person as a result of a professional or pharmacist failing to perform his or her professional duties properly, shall be punished by imprisonment for up to three years or imprisonment for up to five years without deprivation or deprivation of the right to work in a particular position or employment. (In the wording of the Law of Turkmenistan of June 8, 2019 – Information of the Mejlis of Turkmenistan, 2019, No. 2-3, Article 27).
Article 1191
Immediate refusal and treatment of a dangerous infectious disease recognized as an epidemic or pandemic
(1) sentenced to up to two years in prison.
(2) If a person repeats the acts provided for in the first part of this article, or if such acts lead to the death of a person or other serious consequences, sentenced to up to five years in prison.
(3) who has assisted a person with a dangerous infectious disease recognized as an epidemic or pandemic to avoid treatment; shall be punished by imprisonment for a term of up to three years or imprisonment for up to three years without deprivation or deprivation of the right to hold a particular position or employment. (In the wording of the Law of Turkmenistan of August 22, 2020 – Information of the Mejlis of Turkmenistan, 2020, No. 3, Article ___).
Criminal Code of Turmenistan of June 12, 1997 No. 222-1 (as amended on 22-08-2020)
Article 134. Rape
(1) imprisonment for a term of two to five years, with or without the obligation to reside in a particular place for a period of three to ten years.
(2) Rape of women:
a) repeated;
(b) by two or more persons without preliminary communication or by a group of persons on preliminary communication;
c) is done by humiliating the victim;
(d) The victime is infected with a venereal disease;
e) if it is clear that the subject is a minor; imprisonment for a term of two to five years, with or without the burden of living in a particular place, from five to fifteen years.
(3) Rape of women:
(a) carelessly causes the death or serious injury of a victim or infects him or her with AIDS;
b) if it is clear that the victim is under the age of fourteen; imprisonment for a term of two to five years, with or without the obligation to reside in a particular place, from ten to twenty-five years.
(In the wording of the Law of Turkmenistan of June 8, 2019 – Information of the Mejlis of Turkmenistan, 2019, No. 2-3, Article 27).
Article 135 Homosexuality
(1) Homosexuality, i.e., for a man who commits adultery with a man, is punishable by imprisonment for a term of two to five years with or without the burden of living in a particular place.
(2) He who commits homosexual acts by physical violence, by threatening to use it, and by taking advantage of the misery of the victim, imprisonment for a term of two to five years with or without the obligation to reside in a particular place for a period of three to six years is punishable by imprisonment.
(3) The act provided for in the second part of this article, if:
a) repeated;
(b) committed by two or more persons or by a group of persons on preliminary language without prior communication;
c) in the case of a minor who is obviously underage;
d) if the victim is infected with a venereal disease, imprisonment for a term of two to five years, with or without the burden of living in a particular place, for a term of five to ten years.
(4) The acts provided for in the second or third paragraph of this article, if:
a) in the case of a person who is clearly under the age of fourteen;
(b) if the careless person dies or his or her health is seriously injured or he or she is infected with the AIDS virus; imprisonment for a term of two to five years, with or without the obligation to live in a particular place, from ten to twenty years. (In the wording of the Law of Turkmenistan of June 8, 2019 – Information of the Mejlis of Turkmenistan, 2019, No. 2-3, Article 27).
