UNAIDS Regional Director for Asia-Pacific and Eastern Europe and Central Asia Eamonn Murphy remarked, “Tajikistan’s move toward HIV decriminalization is a positive step toward a commitment to justice, inclusivity, and public health.”
Tajikistan, in its endeavor to provide justice for individuals living with or impacted by HIV, has taken a substantial stride towards decriminalizing HIV exposure and transmission through a landmark decision rendered by the Plenum of the Supreme Court on December 26, 2023.
A novel resolution requests that the courts scrutinize matters pertaining to criminal liability for HIV exposure and transmission in accordance with Article 125 of the Criminal Code with greater objectivity. The resolution mandates that judicial practice adhere to new standards that incorporate international recommendations and standards, such as the Undetectable = Untransmittable concept, which is supported by UNAIDS and WHO. This concept posits that individuals living with HIV who are receiving antiretroviral treatment and possess an undetectable viral load are incapable of transmitting the virus.
“While this new resolution is a positive development in that it permits a more equitable interpretation of existing laws (which is vital), it neither creates any new legislation nor amends the Criminal Code, which continues to criminalize HIV transmission and exposure. Consequently, it is critical to maintain advocacy efforts aimed at amending the Criminal Code to render HIV transmission and exposure decriminalized.” The Head of the Network of Women Living with HIV in Tajikistan, Tahmina Haidarova, stated as much.
Currently, HIV transmission and exposure are both punishable by up to two years in prison (Part 1) under Article 125 of the Criminal Code. Part 2 imposes a two- to five-year prison sentence on transmission by an individual who is aware of their status; the sentence is increased to five to ten years in prison for transmission against multiple individuals or a minor (Part 3). Over 70% of individuals convicted under Article 125 have been HIV-positive women. Women who are living with HIV may face domestic violence, stigma, and discrimination. For fear of inadvertently disclosing their HIV status and facing additional criminal prosecution, they refrain from seeking justice in the courts.
A punitive approach in which medical professionals are subordinate to law enforcement has contributed to the expansion of the HIV epidemic in Tajikistan.
The recent advancement towards a fairer legal structure is the outcome of joint endeavors between civil society organizations and the Supreme Court. Additionally, the Global Fund to Fight AIDS, TB, and Malaria, which has maintained a persistent advocacy stance, has contributed to this development. It embodies an all-encompassing and comprehensive strategy for tackling the intricate legal issues associated with HIV. Prominent international organizations such as UNAIDS, UNDP, and the Global Fund concur with the imperative to nullify legislation that stigmatizes HIV. It is impossible to exaggerate the detrimental effects that such legislation would have on HIV testing rates and treatment adherence. It is necessary to implement an evidence-based strategy to promote the development of a healthy society.