Article 125 of Tajikistan’s Criminal Code criminalizes HIV transmission, which is a serious concern, especially for women living with the virus. Endangering HIV infection is punishable by imprisonment for up to two years. If transmission occurs, the penalty is increased to five years, and in cases involving more than one person or minors, to ten years.
The biggest problem is the fact that the majority of those convicted under Article 125 are women. Many of them are subjected to domestic violence and stigmatization and face discrimination in society. Fear of disclosure of HIV status and subsequent criminal prosecution often prevents them from protecting their rights and receiving the support they need. Instead of accessing treatment and psychological support, these women face harsh criminal penalties.
An example of this is the case of Gulzira (name changed), who was convicted under Article 125, Part 1 for “endangering HIV infection” and sentenced to one year of imprisonment in a general regime colony. The state prosecutor demanded a harsher sentence of 1.5 years.
Another case concerns Dinora (name changed), sentenced to one year in prison under the same article, despite the prosecution’s request to increase the sentence to two years due to her previous convictions under this article.
Simon (name changed) was convicted under Article 125, paragraph 2, for actual transmission of HIV. He was sentenced to three years imprisonment and a fine of 10,000 somonis. Additionally, he was convicted of illegal seizure of a land plot, for which he was fined 17,000 TJS. However, by failing to pay this fine, Somon received a cumulative punishment. The prosecutor demanded that he be imprisoned for 4 years and 6 months.
The situation is still bleak. However, in December 2023, an important development occurred: the Plenum of the Supreme Court of Tajikistan adopted a decision calling on courts to take into account international standards when considering HIV-related cases. Central to this decision is the concept of “Undetectable = Untransmissible”, according to which people on antiretroviral therapy who have an undetectable viral load cannot transmit the virus to others. This ruling was an important step towards decriminalizing HIV transmission and changing the approach to jurisprudence – shifting the focus from criminal prosecution to providing health care and support to people living with HIV. It protects their rights and prevents stigmatization by emphasizing the need for adequate treatment and care rather than punishment.
The introduction of the change in jurisprudence was an important step in the defense of people living with HIV. However, more needs to be done on the road to justice. It is hoped that the final abolition of Article 125 of Tajikistan’s Criminal Code will be the next step and that outdated norms that only reinforce discrimination and stigmatization will be replaced by modern approaches based on respect for human rights and international standards.
Also read:
Overcoming violence and bias due to HIV status: the story of Gularus from Tajikistan