Turkmenistan

Last updated on: 6 July 2012

Criminalisation of HIV transmission/exposure

Turkmenistan
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
Not known
Number of people convicted: 
Not known
Applicable law: 

The Criminal Code of Turkmenistan, 1998 as amended to include HIV and adopted on 7 July 2001.

Key wording in the law: 

Law of Turkmenistan “On Prevention of Disease Caused by Human Immunodeficiency Virus (HIV infection)” adopted on July 7, 2001.

Discussion: 

From the response received, it would appear that the Turkmenistan Law mentioned above determines only the general principles of government policy in the following areas:

  • [Its] fight with the infection;
  • State guarantees for diagnostics;
  • Treatment and prevention;
  • Measures of social protection for HIV infected persons and their families.
  • The Law also envisages the right of the citizens of Turkmenistan, foreign citizens and stateless persons living or staying on the territory of Turkmenistan to voluntary, confidential, anonymous examination and detection of human immunodeficiency virus at the public health-care institutions of Turkmenistan.

Although there are no known prosecutions or convictions for the transmission of, or exposure to HIV, it is thought that intentional transmission is also a criminal act that could be prosecuted.

Survey respondents/Organisations working on HIV and the Law: 

UNAIDS, Turkmenistan

Further reading: 

None known

Other laws and policies with an impact on responses to HIV

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

HIV tests are not required for applicants requesting short term tourist visas.

Any visa application for more than 3 months requires the presentation of a medical HIV certificate  (includes visitors, students as well as work permits). Visa will only be issued if the HIV test is negative. Should an individual be discovered to be HIV positive, that status would be grounds for denial of a visa or deportation. All individuals requesting residence visas are required to submit an HIV test .

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

Laws relating to same sex, sexual relations: 

Male to Male relationships: Not legal

Punishments for male to male relationships:  Imprisonment of less than 10 years

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