Uzbekistan: 5 years conditional sentence in HIV Exposure case

Sentencing

February 12, 2025
Source: Supreme Court of the Republic of Uzbekistan - Court Decisions Platform

In February 2025, the Almalyk City Criminal Court in Tashkent Region convicted the defendant under Part 4 of Article 113 of the Criminal Code of Uzbekistan for knowingly exposing another person to the risk of HIV infection. The defendant had been registered with the Republican AIDS Center since 2010 and had been formally warned multiple times about her legal obligation to use protection and the criminal liability for transmitting HIV. Despite these warnings, in 2024 she engaged in repeated unprotected sexual intercourse with a partner without disclosing her HIV-positive status, thereby putting him at risk of infection.

The defendant admitted her guilt in court, expressed remorse, and requested a lighter sentence, citing her lack of prior convictions and her responsibility as the sole caregiver for two minor children. The court considered these as mitigating factors, along with her female status and demonstrated remorse, and concluded that a suspended sentence with probation was appropriate. She was sentenced to five years of imprisonment, conditionally, with a two-year probationary period, during which her behavior will be monitored, including restrictions on residence, alcohol consumption, and registration with the Probation Department. The precautionary measures previously applied were canceled. Parties may appeal the decision within ten days.