Overview
There have been three reported instances of arrests related to HIV in Kuwait. Some sources suggest there is an HIV-specific law.
In the first case, reported in 2016, police arrested eleven people in a crackdown linked to alleged ‘homosexual activities’, which are criminalised under Article 193 of the Penal Code. Authorities arrested at least eleven people in total; at least three for engaging in sex with someone of the same sex who was known to be living with HIV, and a further eight for allegedly working at a massage parlour where ‘homosexual activities were practiced’. All eleven were subjected to HIV testing.
In 2020, another raid on a massage parlour led to the arrest of nine people. This raid followed surveillance for several days in which police attempted to gather evidence of HIV prevalence among the masseurs. Those arrested were subjected to examination, and at least one was said to be living with HIV. Police then accessed his phone and disclosed his status to his contacts. The report also suggests that a similar raid occurred a year prior, and another person was found to be living with HIV.
In both instances, it is unclear what, if any, criminal charges were brought against the people arrested. It is also unclear whether any charges were related to their HIV status, as these cases are interlinked with policing of ‘homosexuality’ and ‘immoral practices’.
Some sources have suggested that there is an HIV-specific law in place in Kuwait. This article by a criminal law professor at Salah al-Din University, Kurdistan, suggests that Law No. 62 of 1992, an HIV/AIDS focussed statute, contains an HIV-specific criminal law under Article 15: “Anyone who knows that he is infected with the AIDS virus and intentionally causes the transmission of the infection to another person shall be punished by imprisonment for a period not exceeding seven years and a fine not exceeding seven thousand dinars.” Further, the UNAIDS Data 2024 report also states that there is an HIV-specific law in place. However, we have been unable to access this law.
HIV Justice Network's Positive Destinations
Visit the Kuwait page on Positive Destinations for information on regulations that restrict entry, stay, and residency based on HIV-positive status, as well as access to HIV treatment for non-nationals.
