Gay Travel Advisory

Turkmenistan

Criminal Code of 1997

Sources
  1. Text of the law is available at: https://wipolex.wipo.int/en/details.jsp?id=14676

Legal Code Text

Section 135 - “Homosexual acts, i.e. sexual intercourse between men, shall be punished with a term of imprisonment of up to two years.”

Sources
  1. ‡ Unofficial translation

ILGA Analysis & Notes

“Homosexuality” is considered a mental disorder in the country, and as such, punishment for same-sex sexual acts between men or perceived ‘homosexual’ behaviour can also include placement in psychiatric institutions to be ‘cured’ of their sexual preferences. The law criminalising same-sex sexual acts between males is enforced selectively, and while there are reports of arrests, individuals are rarely prosecuted under this law. The Criminal Code does not mention female same-sex sexual acts. In its 1st cycle UPR in December 2008, Turkmenistan rejected two recommendations (Sweden and Czech Republic) to decriminalise, without offering any rationale for that refusal. Again at its April 2013 review, it rejected Slovenia’s recommendation, which referred to other international human rights mechanisms: “Decriminalize sexual relations between consenting adults of the same sex, as recommended by the Human Rights Committee”. In its Concluding Observations on Turkmenistan in 2012, the Human Rights Committee said that, “[t]he State party should decriminalize sexual relations between consenting adults of the same sex in order to bring its legislation in line with the Covenant. The State party should also take the necessary steps to put an end to the social stigmatisation of homosexuality and send a clear message that it does not tolerate any form of discrimination against persons based on their sexual orientation or gender identity”.