Turkey

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EATG seeks to ensure that Europe-wide standards of up-to-date scientific evidence limit overly broad HIV criminalisation

28 Oct 2013
EATG’s new position paper on prosecutions for HIV non-disclosure, exposure and/or transmission published last week recommends that the criminal law should only be used in extremely rare and unusual cases where HIV is maliciously and intentionally transmitted and that Europe-wide … More

Last reviewed 01 June 2017

Specific laws

Specific law enacted Yes

Specific law criminalising HIV non disclosure, exposure, or transmission: No

Prosecuted using non-HIV specific laws: Yes

Prosecuted using both specific and non specific laws: No

Is non-disclosure actionable: No

Is exposure actionable: No

Is transmission actionable: No

Prosecutions

Number of prosecutions 1

Convictions

Number of convictions 1

Laws

Applicable laws

Turkish Criminal Law Nr. 86 – Intentional injury.

Turkish Criminal Laws Nrs 86, 87, 88.

Applicable key wording

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.

Last reviewed 01 June 2017

Last reviewed 01 June 2017

Last reviewed 01 June 2017