Uzbekistan: Man sentenced to 3-years imprisonment for HIV-exposure loses appeal

Appeal lost

May 29, 2025
Source: Supreme Court of the Republic of Uzbekistan - Court Decisions Platform

On May 29, 2025, the criminal judicial panel of the Fergana Regional Court upheld the sentence of a man convicted of exposing another individual to the risk of HIV infection. The defendant, born in 1991 in Margilan, Uzbekistan, was diagnosed with HIV in December 2022 and formally placed under medical supervision. He had been warned of potential criminal liability in cases of exposure or transmission.

According to the court’s findings, on September 19, 2024, the man agreed to have sexual intercourse with an acquaintance in exchange for 500,000 Uzbek soums at a local bathhouse in Fergana city. Although the intercourse was not completed, the court determined that this act constituted a risk of HIV exposure. The defendant was sentenced to three years of imprisonment under Part 4 of Article 113 of the Criminal Code, which concerns the endangerment of others through HIV exposure, with the punishment reduced below the statutory minimum under Article 57 due to mitigating factors.

The defense requested a non-custodial sentence, citing his confession, lack of criminal history, and his role as the sole provider for his disabled family members. However, the court maintained the sentence, emphasizing the seriousness of the offense and the need for proportional punishment in line with public health considerations.

The appellate and review courts both upheld the original verdict and sentence, finding no grounds to alter the decision. The ruling may be appealed to the Supreme Court of Uzbekistan.