Tajikistan

Last reviewed 01 June 2017

Country overview

Article 125 of Tajikistan's Criminal Code of 1998 with amendments as of July 2016, continued to criminalise HIV exposure and transmission. Whereas knowing transmission of any other STI (Article 126) is punishable by fine, correctional labour from one to two years, or for up to six months of imprisonment, knowing HIV transmission is punishable by five to eight years of imprisonment. This increases to eight to twelve years if more than one person is infected and/or the infected individual is a minor. HIV exposure is punishable by up to three years of restriction of liberty, or up to two years of imprisonment.

All couples who want to register civil marriage, should pass mandatory HIV testing as stipulated by the Family Code of Tajikistan.

There are no reports of prosecutions under the HIV-specific article, but there are reports on forced HIV testing.

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: Yes

Prosecuted using non-HIV specific laws: No

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Laws

Applicable laws

Criminal Code of the Republic of Tajikistan of May 21, 1998 N 574 with amendments and additions as of July 23, 2016

Article 125.  Infecting with Human Immunodeficiency Virus

This is an HIV-specific law.
Both exposure and transmission are subject to prosecution.
Sentences range from a two-year restriction of liberty through to 10 years imprisonment.

Applicable key wording

Article 125.  Infecting with Human Immunodeficiency Virus

1) Knowingly exposing another person in danger of HIV infection shall be punished by restriction of freedom for up to three years or imprisonment for up to two years.

2) Infection of HIV infection of another person by a person who knew that he had this disease, shall be punished by imprisonment for a term of five years in prison.

3) The act provided by part two of this article, committed:

a) against two or more persons;

b) against a minor is punishable by imprisonment for a term of five to ten years.

In Russian: Статья 125. Заражение ВИЧинфекцией

1) Заведомое подставление другого лица в опасность заражения ВИЧ-инфекцией, наказывается ограничением свободы на срок до трех лет либо лишением свободы на срок до двух лет.

2) Заражение другого лица ВИЧинфекцией лицом, знавшим о наличии у него этой болезни, наказывается лишением свободы на срок от двух до пяти лет.

3) Деяние, предусмотренное частью второй настоящей статьи, совершенное:

а) в отношении двух или более лиц;

б) в отношении заведомо несовершеннолетнего, наказывается лишением свободы на срок от пяти до десяти лет.

Discussion

Applicable law states: Punishable sentences range from three-year restriction of liberty or two-year imprisonment through to ten years if committed against a minor or two and more people.

Cases

Overview

In 2014, 505 Tajik sex workers were detained and forced to HIV and STI testing by the police. Sex workers who were detained had to undergo tests; the results showed 450 out of 505 detainees were carrying some sort of sexually transmitted disease (STD), the Interior Ministry said on June 12. Several dozen were fined. The ministry also said three people were detained for “homosexual conduct,” but on what grounds is unclear since homosexuality is not illegal in Tajikistan. Also with respect to 26 people administrative prosecution was started for administrative offenses under the Article 130 of the Code of Criminal Procedure, they were fined of a total of 3,600 somoni (approximately 500 USD).

During this period, 3 persons were also taken to the police for homosexual behavior, 39 for pimping, 10 for keeping a brothel, and one person for the distribution of pornographic material.  They were taken fingerprints, photo and forced to medical examination at STI clinics in Dushanbe.

Interior Ministry Spokesman Jaloliddin Sadriddinov commented: “The goal of our operation is to ensure the community’s health. Their [the sex-workers’] rights were not violated. To test their health is not only for their own benefit, but also to benefit the community, because they might infect other people,” Sadriddinov told EurasiaNet.org.
 
The government’s Committee on Women and Family Affairs also defends the crackdown, arguing that prostitution is a growing problem. “These raids help identify who is doing what. After the raids the parents of the prostitutes are called and their daughters returned to them. There were cases when some girls changed their lifestyles and established families [after detention],” Mahbuba Azimova, a spokesperson for the Committee, told EurasiaNet.org.

Sources:

http://www.hivjustice.net/storify/tajikistan-505-sex-workers-detained-and-forced-to-hiv-and-sti-test...

http://www.eurasianet.org/node/68921

http://news.tj/en/news/450-505-detained-prostitutes-proved-be-infected-stds

https://vnexpressnews.net/international/tajikistan-arrests-500-prostitutes-police-crackdown/


Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017