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Criminalisation of HIV transmission in Europe

A rapid scan of the laws and rates of prosecution for HIV transmission within signatory States of the European Convention of Human Rights
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Azerbaijan

Estimated number of people living with HIV: 1,400
Number of people prosecuted for HIV transmission: 3 or 4
Number of people convicted for HIV transmission: 3 or 4

Applicable law: Criminal Code of Azerbaijan, Article 140 (From 1999)

Key wording in the law:

Intentionally exposing of another person to the risk of human immunodeficiency virus (HIV) infection is punished with two-year term of reformatory work or the limitation of liberty up to two years or the deprivation of liberty up to one year.

A person who knows about being infected himself with HIV and infects another person is punished with the deprivation of liberty from two till five years.

In the result of acts mentioned in the previous paragraph, infecting two or more persons or a person under age with HIV is punished with the deprivation of liberty from five to eight years.

Infecting a person with HIV as a result of negligent fulfilment of duties is punished with deprivation of liberty up to three years simultaneously with deprivation of work status or deprivation of right to practice activity for three years.

Discussion:

From the responses received, it appears either three or four people have been prosecuted for transmitting HIV in Azerbaijan. All the prosecutions led to convictions. According to the Ministry of Justice, the first attempt at prosecution was brought under an old law from 1987. No further information is given about that prosecution. However, since the enactment of the new law in 1999, three people have been prosecuted and convicted. The first of these was brought in 2001. One person has been prosecuted and convicted in 2004.

No information was available on the gender, mode of transmission or occupation at the time of prosecution of those prosecuted.

Exposing another person to the risk of HIV infection is also subject to prosecution. The maximum sentence applicable is five years (eight years for infecting two or more people or juveniles).

Transmission of other sexually transmitted infections is subject to prosecution under a different article.

Completed questionnaires were received from the UNAIDS Country Coordinator for Azerbaijan and Georgia with information provided by the Ministry of Justice.

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