Uzbekistan: Defendant receives 4-year restriction of liberty for alleged HIV non-disclosure

Sentencing

July 28, 2025
Source: Supreme Court of the Republic of Uzbekistan - Court Decisions Platform

In Gulistan City, the court heard the case of a man charged under Article 113, Part 4 of the Criminal Code of Uzbekistan for knowingly exposing others to the risk of HIV transmission.

The defendant had been diagnosed with HIV in 2014 and registered under supervision at the Syrdarya Regional AIDS Center. He was informed by the medical staff about his obligation not to expose others to the risk of infection, and he signed documents acknowledging these warnings.

However, between 2020 and 2024, he allegedly engaged in unprotected sexual relations with two women without disclosing his HIV status. Both later testified that they had not been informed of his condition at the time. Neither had contracted HIV.

During the trial, the defendant admitted his actions, explained that fear of rejection had prevented him from disclosing his status, and expressed remorse. He acknowledged his guilt and asked the court for leniency.

The court considered a wide range of evidence: the testimonies of the victims and witnesses, official medical records from the AIDS Center, and signed warnings given to the defendant over the years. While the court confirmed that the defendant had knowingly exposed others to the risk of HIV, it also weighed several mitigating circumstances: his full confession, expressions of regret, absence of prior convictions, the fact that no actual transmission occurred, and his responsibilities as a parent. Importantly, the victims themselves raised no active claims against him at the time of the trial.

Taking these factors into account, the court concluded that the defendant could be corrected without imprisonment. He was therefore sentenced to four years of restricted liberty, a non-custodial penalty. The sentence carries several conditions: he must abstain from alcohol and drugs, may not change his residence without official permission, and may only leave his home for work or study. He is also forbidden to associate with women deemed “vulnerable,” including registered sex workers. The local police department in Gulistan will monitor compliance with these restrictions.

The court also lifted the earlier precautionary measure of a “letter of good behaviour” once the sentence took legal effect. The defendant retains the right to appeal within ten days of the judgment.