Kyrgyzstan

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Overview

Kyrgystan uses article 117, an HIV criminalisation provision within the country’s Criminal Code, to prosecute any person who, being aware of their HIV status, put another person at risk of HIV or transmit HIV. HIV exposure is punished by up to a year in prison. The sentence for HIV transmission is up to 5 years imprisonment.

The person with HIV is exempt from liability if their partner was informed of their HIV status and consented to the act exposing them to HIV.

The omnibus law of the Kyrgyz Republic about HIV and AIDS, enacted in 2005 and outlining the rights and obligations of people living with HIV, stipulates that individuals found guilty of HIV transmission will be liable to pay damages and interests to the infected person to compensate them for their medical and social care.

Transmission of a sexually transmitted infection is liable to prosecution under article 118 of the Criminal Code and can be punished by up to 3 years imprisonment.

In 2008, 9 doctors were prosecuted for medical negligence resulting in alleged HIV transmission.  They were given prison terms ranging from three to five years and asked to pay damages and interests to the affected children and their families.

HJN is not aware of any other reported case of prosecution for HIV exposure or transmission.

Laws

Criminal Code of the Kyrgyz Republic No. 68 of October 1, 1997 (as amended up to Law No. 57 of February 13, 2006)

HIV-specific criminal law (active)
Year enacted
2006
Relevant text of the law

Article 117. Infecting with HIV (1) Known endangering of a person with threat of HIV infection, – shall be sentenced with 3 to 6 months of arrest or up to 1 year of imprisonment. (2) Infecting a person with HIV by a person knowing of being HIVinfected, – shall be sentenced by up to 5 years of imprisonment. (3) The act provided by part 2 of this Article committed towards 2 or more persons or towards a juvenile, – shall be sentenced by up to 8 years of imprisonment. (4) Infecting another person with HIV through inappropriate fulfillment of professional duties by a medical staff, – shall be sentenced by up to 5 years of imprisonment.

Criminal Code of the Kyrgyz Republic No. 68 of October 1, 1997 (as amended up to Law No. 57 of February 13, 2006)

Sexually transmitted infection law (active)
Year enacted
2006
Relevant text of the law

Article 118. Infecting with a Venereal Disease (1) Infecting a person with a venereal disease by a person knowing of being, – shall be sentenced by fine in amount of 50 to 100 minimum monthly wages or up to 3 years of imprisonment. (2) The act provided by part 1 of this Article committed by a person previously convicted for infecting people with venereal disease, as well as infecting 2 or more persons or a juvenile, – shall be sentenced by up to 5 years of imprisonment.

Law of the Kyrgyz Republic - About HIV / AIDS in the Kyrgyz Republic dated August 13, 2005 No. 149

HIV-specific criminal law (active)
Year enacted
2005
Relevant text of the law

Article 6. Rights and obligations of PLWHA

Persons living with HIV / AIDS have the full range of socio-economic, political, personal rights and freedoms, and also bear the obligations enshrined in the Constitution of the Kyrgyz Republic and the legislation of the Kyrgyz Republic.

….

Persons living with HIV / AIDS are required to take measures to prevent the transmission of HIV infection to another person.

 The deliberate risk of infection or infection of another person (or several persons) with HIV by a person who knew that he had HIV infection entails criminal liability established by the legislation of the Kyrgyz Republic.

The person guilty of this shall also compensate the damage caused in connection with the provision of medical and social assistance to the infected person.

Acknowledgements

Our thanks to the Eurasian Women's AIDS Network (EWNA) for their research assistance to confirm current relevant legislation