Uzbekistan: Court dismisses HIV Criminalisation case following diagnostic of mental health issues

On August 4, 2026, the Bostanlyk District Court examined a criminal case involvnig a petition from the Investigative Department of the Bostanlyk District Department of Internal Affairs (UVD) to apply compulsory medical measures against the accused for an act falling under Article 113, Part 4 of the Criminal Code of the Republic of Uzbekistan. The accused was originally detained on May 14, 2026, and placed under pre-trial detention on May 15, 2026.

The court established that the accused, a registered patient at the Tashkent Regional AIDS Center since June 4, 2024, was legally warned in writing regarding the criminal liability for transmitting HIV. Between March and May 2025, while residing in the home of the victim, she repeatedly engaged in sexual relations without utilizing protection or disclosing her infection status. The accused stated during the trial that she withheld the information due to fear of eviction and job loss. On June 3, 2025, the victim was placed on the medical register following a positive HIV diagnosis resulting from these transmissions.

Forensic psychiatric evaluation diagnosed the accused with episodic paranoid schizophrenia. The expert commission concluded that during the act, the accused was in a state of chronic mental illness, rendering her unable to understand the nature of her actions or control them. The evaluation further determined that the accused remains unable to participate in investigative proceedings, attend court, or undergo standard criminal correction.

The Bostanlyk District Court ruled that the accused committed a socially dangerous act under Article 113, Part 4 of the Criminal Code in a state of insanity. Pursuant to Articles 83, 575–577, and 581 of the Criminal Procedure Code, the court dismissed the criminal case due to the absence of the elements of a crime. The court ordered the application of compulsory medical measures, directing the placement of the individual into the general-regime psychiatric department of the Republican Clinical Psychiatric Hospital for mandatory treatment. The pre-trial detention order was sustained until her official transfer to the medical facility.