FOCUS ON EECA: Is Belarus the worst country in the world for HIV criminalisation?

Photo: Representatives of People PLUS at the Gomel Regional Court
Our EECA hub, the Eurasian Women’s Network on AIDS (EWNA), part of the GNP+ family, found that between January 2015 and June 2017, 128 criminal cases had been prosecuted under Article 157, Belarus’ overly broad HIV-specific criminal law.

The highest number of cases in the country were reported in the Gomel region. Between 2012 and 2016, 38 cases were reported. But in the first half of 2017 alone, at least 50 cases had been filed before the courts.

The vast majority of the cases involve people in heterosexual relationships. The law is understood and applied in a way that a person living with HIV not only has a duty to disclose, but also a duty to not place another person at risk of acquiring HIV. While some cases brought to the courts involve allegations of non-disclosure, a large number of cases are between couples of different HIV status, where both parties were aware of HIV in the relationship, and the HIV-negative partner consented to sex.

Charges are laid by the state and are regardless of the partner’s desire to prosecute and regardless of whether protective measures were taken by the person living with HIV, such as using a condom or being on treatment with a low or undetectable viral load. 

Cases typically commence when health care providers hear that an HIV-negative person is in a sexual relationship with a person living with HIV, or when a pregnancy is involved. In order to be charged, all that is required is for the person living with HIV should know their HIV status and be registered with the state for HIV services.

As per community reports, people living with HIV are not getting the proper treatment, care and support that they need because of the legal barriers that Article 157 creates in the lives of people living with HIV.

In practice, the law in Belarus keeps people who learn anonymously of their HIV status from accessing treatment, education and counselling because people in Belarus can know about their HIV status and not be registered. Without being formally aware of the presence of HIV, then a person can avoid is not criminally liable. When people face the threat of criminalisation, ignorance of the diagnosis of HIV can be the most effective legal protection. 

Crucially, people who are not registered as living with HIV with the state do not receive antiretroviral treatment and therefore endanger themselves and their sexual partners.

Building the case against criminalisation on the ground

People PLUS is a public association representing people living with HIV in Belarus.

It provides counselling to clients/patients – helping them to “correctly” answer questions and complain against forced examination during epidemiological investigations from the Ministry of Health, as well as the Ministry of Internal Affairs. This has been a positive experience with, over the past month, two refusals to initiate criminal cases.

In the Gomel region – where the highest number of cases under Article 157 of the Criminal Code of the Republic of Belarus are being reported – People PLUS have held meetings with the heads of the Epidemiological Department – the “sources” of initiating criminal cases in the region.

An agreement was reached, that without violating guidelines (according to a Ministerial Agreement the Epidemiological Department has to send cases of transmission to the Ministry of Internal Affairs for further investigation), the people under investigation will be immediately provided with People PLUS contacts in order to obtain advice on how to protect themselves during an investigation.

As a result, there was a 40% decrease in the number of criminal prosecutions in the country (19 for the 1st quarter of 2018) and 49% for the Gomel region (12 for the first quarter of 2018), compared to 2017.

People PLUS notes that in the criminal laws of other countries there is the possibility of a person living with HIV to be released from criminal liability if they disclose and receive consent from another person and/or took appropriate measures to greatly reduce the risk of transmission. The application of this rule, as prescribed in the law, will protect the rights and interests of people living with HIV in Belarus. Though ultimately, this is not enough to counteract the damage to the HIV response caused by criminalisation.

A proposal on introducing similar amendments to Article 157 put forward by People PLUS was discussed at a recent meeting of the Parliamentarian Commission on Health, Physical Culture, Family and Youth Policy. The Ministry of Health of the Republic of Belarus sent a letter to the Parliament in support of the initiative. The Commission decided to submit it for discussion in the autumn session of the Parliament.

People PLUS have arranged a meeting with the Chairman of the Gomel Regional Court, S.M. Shevtsov, in order to reduce the number of ongoing cases and to get support to further changes in legislation.

Parliamentary hearings are expected to take place in Autumn 2018.

Download the EECA Regional Criminalisation Report produced by EWNA on behalf of HIV JUSTICE WORLDWIDE here

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Day With(out) Art 2018: ALTERNATE ENDINGS, ACTIVIST RISINGS (Mark S King, Sero, US, 2018)

A showcase of visual art and poetry made by advocates working against HIV criminalization at HINAC 3.

Mark S King’s film, produced for SERO, for Visual AIDS’ Day With(out) Art.

 

Livestream: HIV IS NOT A CRIME III National Training Academy: Closing Plenary (HJN, 2018)

HIV IS NOT A CRIME III National Training Academy Live from the Indiana University-Purdue University Indianapolis, 6 June 2018

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network www.hivjustice.net

Directed and produced by Nicholas Feustel

Running order (click on the time cues to jump there):

1) Pre-show with Mark S King and guests 00:08

2) Rapporteur session 03:48

3) Issues around the AIDS 2020 conference 13:30

4) State reports 16:17

5) Breaking news 40:14

6) Thank you’s 41:37

7) Chant 48:04

8) After show 49:59

Facilitated by Naina Khanna Positive Women’s Network – USA CALIFORNIA With Susan Mull Rapporteur PENNSYLVANIA and many, many others

Side show interviews with Sean Strub SERO Project PENNSYLVANIA and Edwin J Bernard HIV Justice Network UK

Livestream: HIV IS NOT A CRIME III National Training Academy: Plenary 6 – Leave No One Behind: Intersections of HIV Criminalization with Sex Work, Drug / Syringe Use, and Immigration (HJN, 2018)

HIV IS NOT A CRIME III National Training Academy Live from the Indiana University-Purdue University Indianapolis, 6 June 2018

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network www.hivjustice.net

Directed and produced by Nicholas Feustel

Running order (click on the time cues to jump there):

1) Unscheduled action by people with disabilities 00:08

2) Pre-show with Mark S King and guests 05:39

3) Plenary 09:35

4) After show 1:28:39

Introduced by Allison Nichol SERO Project WASHINGTON DC Facilitated by Carrie Foote HIV Modernization Movement INDIANA With Tiffany Moore Criminalization survivor TENNESSEE Cris Sardina Desiree Alliance ARKANSAS Marco Castro-Bojorquez US PLHIV Caucus and HIVenas Abiertas CALIFORNIA Chris Abert Indiana Recovery Alliance INDIANA Zaniya James L.A.T.E. Project INDIANA

Side show interviews with Arneta Rogers Positive Women’s Network – USA CALIFORNIA

Livestream: HIV IS NOT A CRIME III National Training Academy: Plenary 5 – From Mexico to Colombia: The Latin-American Fight Against Criminalization (HJN, 2018)

HIV IS NOT A CRIME III National Training Academy Live from the Indiana University-Purdue University Indianapolis, 5 June 2018

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network www.hivjustice.net

Directed and produced by Nicholas Feustel

Running order (click on the time cues to jump there):

1) Pre-show with Mark S King and guests 00:08

2) Plenary 13:02

3) After show 1:53:48

Introduced by Naina Khanna Positive Women’s Network – USA CALIFORNIA Facilitated by Gonzalo Aburto SERO Project NEW YORK Dr Patricia Ponce Red Mexicana de Organizaciones contra la Criminalización del VIH MEXICO Ricardo Hernandez Forcada Red Mexicana de Organizaciones contra la Criminalización del VIH MEXICO Leonardo Bastidas Red Mexicana de Organizaciones contra la Criminalización del VIH MEXICO Brisa Gomez Red Mexicana de Organizaciones contra la Criminalización del VIH MEXICO Dr Alfredo Daniel Bernal Red Mexicana de Organizaciones contra la Criminalización del VIH MEXICO Paola Marcela Iregui Parra Universidad del Rosario COLOMBIA German Humberto Rincon Perfetti Lawyer COLUMBIA Interpreter: Liz Essary Cabina Event Interpreting INDIANA

Side show interviews with Diego Grajalez CNET+ Belize, Edwin J Bernard HIV Justice Network UK and Marco Castro-Bojorquez USPLHIV Caucus and HIVenas Abiertas CALIFORNIA

Livestream: HIV IS NOT A CRIME III National Training Academy: Plenary 4 – Towards Liberation: Advancing a Racially Just HIV Criminalization Reform Movement (HJN, 2018)

[FYI: We didn’t live stream Plenary 3 due to confidentality concerns

HIV IS NOT A CRIME III National Training Academy Live from the Indiana University-Purdue University Indianapolis, 5 June 2018 ]

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network www.hivjustice.net

Directed and produced by Nicholas Feustel

Running order (click on the time cues to jump there):

1) Pre-show with Mark S King and guests 00:08

2) Plenary 11:06 3)

After show 1:30:01

Introduced by Rebecca Wang Positive Women’s network – USA CALIFORNIA Facilitated by Kenyon Farrow The Body NEW YORK With Waheedah Shabazz-El Positive Women’s Network – USA PENNSYLVANIA Robert Suttle SERO Project NEW YORK Marco Castro-Bojorquez US PLHIV Caucus and HIVenas Abiertas CALIFORNIA Maxx Boykin Black AIDS Institute CALIFORNIA Naina Khanna Positive Women’s Network – USA CALIFORNIA Toni-Michelle Williams Racial Justice Action center GEORGIA

Side show interviews with Stacy Jennings BULI participant SOUTH CAROLINA and Barb Cardell Colorado Mod Squad COLORADO

Livestream: HIV IS NOT A CRIME III National Training Academy: Plenary 2 – Meaningful Involvement of People with HIV (MIPA), Leadership and Accountability (HJN, 2018)

HIV IS NOT A CRIME III National Training Academy Live from the Indiana University-Purdue University Indianapolis, 4 June 2018

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network www.hivjustice.net

Directed and produced by Nicholas Feustel

Running order (click on the time cues to jump there):

1) Pre-show with Mark S. King and guests 00:07

2) Plenary 12:08

3) After show 1:33:10

Facilitated by Naina Khanna Positive Women’s Network – USA CALIFORNIA With Andrew Spieldenner US PLHIV Caucus CALIFORNIA Barb Cardell Colorado Mod Squad COLORADO Arianna Lint Arianna’s Center FLORIDA Malcom Reid THRIVE SS GEORGIA

Side show interviews with Maxx Boykin Black AIDS Institute CALIFORNIA Waheedah Shabazz-El Positive Women’s Network – USA PENNSYLVANIA Laurel Sprague Activist MICHIGAN Laela Wilding Elizabeth Taylor AIDS Foundation CALIFORNIA

Livestream: HIV IS NOT A CRIME III National Training Academy: Plenary 1b – North Carolina and State Legislators (HJN, 2018)

HIV IS NOT A CRIME III National Training Academy Live from the Indiana University-Purdue University Indianapolis, 4 June 2018 Running order (click on the time cues to jump there):

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network

Directed and produced by Nicholas Feustel

1) Pre-show with Mark S King and guests 00:06

2) Part 1: North Carolina 04:28

3) Intermission show 41:09

4) Part 2: State legislators 43:45

5) After show 1:20:47

Part 1: Modernizing North Carolina’s HIV Criminal Law Facilitated by Christina Adeleke North Carolina AIDS Action Network NORTH CAROLINA With Kara McGee Duke University NORTH CAROLINA Billy Willis WECAHN NORTH CAROLINA Terl Gleason AIDS Healthcare Foundation NORTH CAROLINA Lee Storrow North Carolina AIDS Action Network NORTH CAROLINA Q&A facilitated by Allison Nichol SERO Project WASHINGTON DC

Part 2: Behind the Scenes with State Legislators Facilitated by Sean Strub SERO Project PENNSYLVANIA With State Rep. John McCrostie State Representative IDAHO State Rep. Jon Hoadley State Representative MICHIGAN Jeanette Mott Empower Missouri MISSOURI

Side show interviews with Venita Ray Southern AIDS Coalition TEXAS and Edwin J Bernard HIV Justice Network UK

Livestream: HIV IS NOT A CRIME III National Training Academy: Plenary 1a – Survivors and California (HJN, 2018)

HIV IS NOT A CRIME III National Training Academy Live from the Indiana University-Purdue University Indianapolis, 4 June 2018

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network

Directed and produced by Nicholas Feustel

Running order (click on the time cues to jump there):

1) Pre-show with Mark S. King and guests 00:28

2) Introduction 08:36

3) Part 1: Survivors’ Panel 09:39

4) Intermission show 1:11:09

5) Part 2: Victory in California 1:13:14

6) After show 2:02:20

Introduction by Allison Nichol SERO Project WASHINGTON DC

Part 1: Criminalization Survivors’ Panel Facilitated by Robert Suttle SERO Projekt NEW YORK With Ariel Sabillon Student FLORIDA Monique Howell HIV criminalization survivor SOUTH CAROLINA Ken Pinkela SERO Project NEW YORK Kerry Thomas SERO Project IDAHO

Part 2: Forging the Path to Victory in California Facilitated by Naina Khanna Positive Women’s Network – USA CALIFORNIA With Craig Pulsipher APLA CALIFORNIA Arneta Rogers Positive Women’s Network – USA CALIFORNIA Scott Scholtes Lambda Legal ILLINOIS

Side show interviews with Edwin J Bernard HIV Justice Network UK and Venita Ray Southern AIDS Coalition TEXAS 

Livestream: HIV IS NOT A CRIME III National Training Academy: Opening Session (HJN, 2018)

Live from the Indiana University-Purdue University Indianapolis, 3 June 2018

Live stream hosted by Mark S King www.myfabulousdisease.com

This live stream was brought to you by HIV Justice Network

Directed and produced by Nicholas Feustel

Running order (click on the time cues to jump there):

1) Pre-show with Mark S King and guests 00:09

2) Welcome 09:29 3) Intermission show 1:05:36

4) Thank you’s 1:09:25

5) Celebrating victories 1:11:40

6) After show 2:10:43

Facilitated by Tami Taught SERO Project IOWA With Melissa Williams Director of the Native American Indian Affairs and Commission INDIANA Carrie Foote HIV Modernization Movement INDIANA Mark Hughes HIV Modernization Movement INDIANA Sean Strub SERO Project PENNSYLVANIA Naina Khanna Positive Women’s Network – USA CALIFORNIA Waheedah Shabazz-El Positive Women’s Network – USA PENNSYLVANIA Arneta Rogers Positive Women’s Network – USA CALIFORNIA Stacy Jennings BULI participant SOUTH CAROLINA Cindy Stine SERO Project PENNSYLVANIA Robert Suttle SERO Project NEW YORK Edwin J Bernard HIV Justice Network UK Ken Pinkela SERO Project NEW YORK