Sex between two men is illegal in Uzbekistan. Punishment ranges from a fine to 3 years in prison.
Penal Code 1994/95 (revised 2001)
“Besoqolbozlik, that is, voluntary sexual intercourse of two male individuals – shall be punished with imprisonment up to three years.”
Sexual orientation and gender identity-based discrimination
According to Article 120 of the Uzbek Criminal Code muzhelozhstvo (homosexual sexual relations between men) can be punished with up to three years of imprisonment. This article has remained in place from the Soviet era and was removed in the majority of other post-Soviet countries. Reports state that in the years 2000-2004 at least 70 men have been serving prison sentences convicted on the basis of Article 120. Existence of criminalization provides an opportunity for the police to blackmail gay and bisexual men, who are terrified of disclosure particularly before their families. A number of cases are known in which the police would use newspaper personal adds to reach out to gay and bisexual men and either arrest or blackmail them. Gay clubs and cruising areas in Tashkent are also frequented by police, in their pursuit of opportunities for blakcmailing.
The state used Article 120 to persecute a human rights activist, Ruslan Sharipov, who is now living in the United States after the intervention of international human rights organizations. Two colleagues of Sharipov have been detained and interrogated on Article 120 charges in 2004. In 2007 a prominent theater director whose plays contained homosexual characters was stabbed to death in Tashkent. Without any solid evidence to sustain the accusation, the police arrested Oleg Sarapulov, a journalist, who was known for addressing the rights of LGBT people in his reports and charged him with the murder. This case is illustrative of the misuse of the criminalization of same sex contacts as grounds to silence activists.
LGBT people in Uzbekistan live in fear and a number of them migrate abroad. LGBT people in rural areas are subject to violence and harassment from their families and peers. Most of them break off all social networks in order avoid disclosing their sexual orientation or gender identity. Families disown their LGBT relatives and may turn to violence in order to cover what they consider ‘shame for the family’. None of these human rights violations are reported to the police because of the existence of Article 120 and overall lack of trust to law enforcement bodies. There are no other laws that could help address family or street violence against LGBT people.
LGBT organizing to pursue respect of their human rights is impossible due to existing political and social climate.
Lesbian, gay, bisexual and transgender people along with sex workers are targets of ridicule and reproach by the media, mostly controlled by the State. State media use judgmental and offensive language regarding these groups and use the public disapproval of them to discredit non-grata international organizations (for example, Human Rights Watch).
Recommendations :
- Repeal article 120 of the Criminal Code.
- Conduct proper investigations on police blackmailing of the LGBT people, duly punishing those responsible and setting up administrative and legal frameworks to eradicate such practices
- Develop legislation to address family violence and hate crimes against LGBT people
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