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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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Cyprus

Estimated number of people living with HIV: <1,000
Number of people prosecuted for HIV transmission: 1
Number of people convicted for HIV transmission: 1

Applicable law: Cypriot law of 1957

Key wording in the law: Not available.

Discussion:

From the responses received, it appears that one person has been prosecuted and convicted for the transmission of HIV in Cyprus. Despite this, KYFA indicated that transmission of HIV is not subject to prosecution. Some reports of this case have suggested that this conviction was secured largely because the English woman who was infected campaigned for a conviction. The man involved was convicted under Cypriot law of 1957, intended to prevent the spread of typhoid, cholera and venereal disease. There do not appear to have been any attempted prosecutions since then. It is unclear whether one can say categorically that transmission of HIV could be criminal. KYFA, a volunteer organisation supporting people with HIV, reported having written to the government six years ago to have the situation clarified but have not yet received a response.

The one person convicted was male; HIV was transmitted through heterosexual sex and his occupation was given as fisherman.

Transmission of other sexually transmitted infections is not subject to prosecution.

A completed questionnaire was received from KYFA.

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