Turkey

Last updated on: 6 July 2012

Criminalisation of HIV transmission/exposure

Turkey
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
1
Number of people convicted: 
1
Applicable law: 

Turkish Criminal Law Nr. 86 – Intentional injury.

Turkish Criminal Laws Nrs 86, 87, 88.
Key wording in the law: 

Turkish Criminal Law was revised in September 2004. The new law came into force on 1 June 2005.

Unfortunately, an English translation of the law is unavailable and we would therefore welcome any assistance with a translation. If you can help, please use our contact details at the foot of this page. The original Turkish language version is available below for download.

 

Discussion: 

From the responses received, it appears only one criminal case is known to have come to court in Turkey. It involved a man prosecuted for the transmission of HIV to his wife. He was convicted in 2004 and sentenced to 8 years imprisonment.

Our correspondent advises us that the man was eventually found guilty of “injury”. However the case was initially handled as an “act of murder”. The case went all the way to Turkish “Supreme Court of Appeals” (Yargıtay) where it was decided that the HIV positive person was to be sentenced for an “act of injury." Accordingly this case is considered to be very important because it serves as precedent.

Survey respondents/Organisations working on HIV and the Law: 

Positive Living Association can be contacted via their website which is available in Turkish and English at: www.pozitifyasam.org

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

No restrictions for PLHIV.

No specific residence regulations for foreigners living with HIV. The US Department of State is unaware of any specific HIV/AIDS entry restrictions for visitors to or foreign residents of Turkey. However, Turkey will generally deport foreigners once their HIV positive status is discovered.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships:  No law

Female to Female Relationships: Legal

Age of consent:  Equal for heterosexuals and homosexuals

Marriage and Substitutes for Marriage: No law

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Not known

Protective laws and policies for people living with HIV: 

Yes