On 26 December 2023, the Plenum of the Supreme Court took the first step towards decriminalisation of HIV/AIDS in Tajikistan. Decisions were adopted to ensure uniform practice and correct application of laws. Of particular importance was the decree “On judicial practice in criminal cases of infection with the human immunodeficiency virus”.
Important changes concern criminal liability for infection with HIV. Judicial practice will now be based on new norms that take into account international standards and recommendations. The fact of being endangered by human immunodeficiency virus infection is no longer considered an unproven ground for criminal liability. This is an important step towards removing stigma and discrimination against people living with HIV.
However, the ruling also clarifies that a knowing and intentional act that posed a real threat to the health of others can attract criminal liability. This is necessary to protect society and prevent the spread of infection.