The first step towards the decriminalization of HIV/AIDS in Tajikistan was taken on December 26, 2023 at the last meeting of the Plenum of the Supreme Court.
At this meeting, decisions of the Plenum of the Supreme Court of the Republic of Tajikistan were adopted in order to ensure uniform practice and correct application of laws and other regulatory legal acts. An important decision taken at this meeting was the resolution of the Plenum of the Supreme Court of the Republic of Tajikistan “On judicial practice in criminal cases of infection with the human immunodeficiency virus.” Thanks to the successful and trusting cooperation between the Supreme Court of the Republic of Tajikistan and public organizations, this resolution was adopted and is a key and first step in the decriminalization of HIV/AIDS in the Republic of Tajikistan. This resolution examined and clarified issues related to criminal liability for infection with the human immunodeficiency virus. Now judicial practice will be based on new norms that take into account international standards and recommendations.
One of the most significant changes was the recognition of the fact of putting people at risk of infection with the human immunodeficiency virus as an unproven basis for criminal prosecution. This is an important step towards eliminating the stigma and discrimination that often accompanies HIV/AIDS. Now people living with HIV can feel more protected and not fear criminal prosecution just because of their disease.
On the other hand, the decision of the Plenum of the Supreme Court also clarifies that if infection occurred as a result of a conscious and deliberate action that created a real threat to the health of other people, the perpetrators can be held accountable. This is necessary to protect the public and prevent the spread of infection.
However, it is important to note that the adoption of this resolution is not only about changing the criminal law, but also about creating a favorable environment for cooperation between the Supreme Court and public organizations. Thanks to this cooperation, it was possible to reach a consensus and adopt a resolution that reflects the interests of all stakeholders and takes into account the opinion of experts.
Thus, this resolution of the Plenum of the Supreme Court of the Republic of Tajikistan can be considered a key and first step in the decriminalization of HIV/AIDS in our country. This is an important achievement that contributes to justice, the protection of human rights and the establishment of the rule of law.
We hope that this first step will be built upon and lead to further legal reforms aimed at protecting the rights and interests of people living with HIV/AIDS and combating discrimination based on their health status. Together we can create a fairer and more inclusive society for all its citizens.
