Uzbekistan: Court dismisses appeal in HIV transmission case

Appeal lost

March 5, 2025
Source: Supreme Court of the Republic of Uzbekistan - Court Decisions Platform

Background and Initial Conviction

On May 4, 2023, the Fergana City Criminal Court convicted the defendant under Article 113, Part 4, and Article 131, Part 4, Clause “a” of the Criminal Code of Uzbekistan. The court sentenced the defendant to three years in prison for:

  1. Exposing another person to the risk of HIV infection.
  2. Engaging in malicious or unlawful activities involving a minor.

The case stemmed from an undercover police operation conducted on January 17, 2023, by the Fergana Regional Department of Internal Affairs, during which the defendant was arrested while conspiring to engage in illegal activities.

The defendant filed an appeal requesting a non-custodial sentence, however the appellate court upheld the original conviction on June 20, 2023.

The Fergana Regional Court’s investigative judicial panel conducted a final review of the appeal and concluded that:

  • The trial court correctly determined the details of the crime and the defendant’s role.
  • Sufficient evidence, including witness testimonies, forensic reports, and recorded transactions, supported the conviction.
  • The original sentencing considered mitigating factors (lack of prior convictions, family circumstances, and female status) and applied a reduced sentence under Article 57 of the Criminal Code.

Final Verdict

The court ruled against the appeal, affirming that the nature of the crime warranted imprisonment. The verdict from May 4, 2023, and the appellate court’s decision from June 20, 2023, were left unchanged. The appeal was dismissed as no grounds for modifying or overturning the verdict were found.

The defendant may file a final appeal with the Supreme Court of Uzbekistan under Article 5214 and 5216 of the Criminal Procedure Code for further review.