COMMONWEALTH OF INDEPENDENT STATES

Amnesty International working against laws punishing sexual relations between men

ARMENIA

The legal framework

Armenia is still using the old Soviet-era Criminal Code (in force since 1961), with amendments. Article 116 punishes "sodomy", defined as "sexual relations of a man with another man". Part one of the article punishes consenting sex by up to five years’ imprisonment. Same sex relations between women are not criminalized.

A new Criminal Code has been drafted and was given its first reading in parliament in April 1997. Amnesty International has received verbal assurances from a parliamentary official involved in the drafting that consenting adult same-sex relations will not be a criminal offence in the new Code. It is not clear at present when the new Code will enter into force.

Recommended Actions

In letters to the National Assembly officials:

- Request confirmation that same-sex relations between adults in private will not be a criminal offence in the new Criminal Code of the Republic of Armenia.

- Ask for information about when the new Criminal Code is expected to come into force.

In letters to the Procurator General:

- Call on him to instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private, noting that AI has been assured that it is envisaged to decriminalize consenting same-sex relations between adults in a new Criminal Code now in preparation.

In letters to all authorities:

- Urge that authorities ensure that all people are equal before the law and that the human rights of every individual in the Republic of Armenia are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

Target addresses

1) Chair of the Armenian National Assembly

Babken ARARKTSYAN

Respublika Armeniya

375095 g. Yerevan

bulv. Marshala Bagramyana, 19

Natsionalnaya Assambleya

Respubliki Armeniya

Predsedatelyu ARARKTSYANU B.

2) Chairman of the National Assembly Commission on State and Legal Problems

Eduard YEGORIAN

Respublika Armeniya

375095 g. Yerevan

bulv. Marshala Bagramyans, 19

Komissiya po gosudarstvennym i

zakonodatelnym voprosam

Natsionalynoy Assambley

Respubliki Armeniya

Predsedatelyu YEGORIANU E.

3) Procurator General of the Republic of Armenia

Genrikh KHACHATARYAN

Respublika Armeniya

375010 g. Yerevan

plosh. Shaumyana

Prokuratura Respubliki Armeniya

Generalnomu prokuroru

KHACHATARYANU G.

Send copies of some of your letters to diplomatic representatives of Armenia in your country, if they exist.

AZERBAIJAN

The legal framework

Azerbaijan is still using the old Soviet-era Criminal Code (in force since 1961), with amendments. Article 113 punishes "sodomy", defined as "sexual relations of a man with another man". Part one of the article punishes consenting sex by up to five years’ imprisonment. Same sex relations between women are not criminalized.

Revision of the Criminal Code is said to be under discussion, but AI has no specific information about prospects for the repeal of Article 113 part 1.

Recommended Actions

In letters to officials in the Milli Majlis (parliament):

- Call on them to initiate moves to repeal Article 113 part 1 of the Criminal Code of the Azerbaijani Republic.

In letters to the Procurator General:

- Call on him to instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private.

In letters to all authorities:

- Urge that authorities ensure that all people are equal before the law and that the human rights of every individual in the Azerbaijani Republic are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

Target addresses

1) Chairman of the Presidium of the Milli Mejlis of the Azerbaijani Republic

Murtuz Najaf oglu ALESQEROV

Azerbaydzhanskaya Respublika

370601 g. Baku

prospekt Azizbekova, 1

Prezidium Milli Medzhlisa

Azerbaydzhanskoy Respubliki

Predsedatelyu ALESQEROVU M.N.

Fax: +994 12 38 96 73

2) Chair of the Azerbaijani Milli Mejlis Commission on Human Rights and Nationalities

Safyar Beylyar oglu MUSAYEV

Azerbaydzhanskaya Respublika

370073 g. Baku

Metbuat pros. 2

Postoyannaya komissiya po pravam

cheloveka i mezhnatsionalnym

otnosheniyam pri Milli Medzhlise

Predsedatelyu MUSAYEVU S.B.

Fax: +994 12 38 12 87

3) Chairman of the Azerbaijani Milli Mejlis Commission on Legal Policy and State Building

Zakir ZEYNALOV

Azerbaydzhanskaya Respublika

370073 g. Baku

Metbuat pros. 2

Postayannaya Komissiaya po

zakonodatelnoy politike

i gosudarstvostroyeniyu pri Milli

Medzhlise

Predsedatelyu ZEYNALOVU Z.

4) Procurator General of the Azerbaijani Republic

Eldar HASANOV

Azerbaydzhanskaya Respublika

370601 g. Baku

ul.Saratovtsa Efimova, 7

Respublikanskaya prokuratura

Generalnomu prokuroru HASANOVU E.

Fax: +944 12 93 00 20

Send copies of some of your letters to diplomatic representatives of Azerbaijan in your country, if they exist.

CHECHEN REPUBLIC-ICHKERIYA

(Chechnya)

The legal framework

Under a new Criminal Code reportedly being implemented in the Chechen Republic-Ichkeriya, Article 148 punishes "anal sexual intercourse between a man and a woman or a man and a man"). For first- and second-time offenders, the punishment is caning. A third conviction leads to the death penalty, which can be carried out in a number of ways including stoning or beheading.

The August 1996 peace accord which ended the 20-month armed conflict in the Chechen Republic-Ichkeriya deferred a decision on the final political status of this former Autonomous Republic of the Russian Federation for five years. Although it is regarded by the international community as still part of Russia, the Chechen leadership insists that the Chechen Republic-Ichkeriya is already independent of Russian legal and governmental institutions.

Shortly after the signing of the August 1996 peace accord it was reported that the President of the Chechen Republic-Ichkeriya had introduced by decree a new Criminal Code for the republic based on the rules and regulations of the Islamic religious tradition, the so-called Shari’alaw. Although there were reports towards the end of 1996 that a further presidential decree had annulled the Code’s implementation, no-one has been able to verify this (human rights activists in Russia have been unable to obtain a copy of that reported decree), and it seems to be contradicted by reports that courts in the Chechen Republic-Ichkeriya have been applying Shari’apunishments (no cases of punishments under Article 148 have yet been reported to AI). Moreover, in June 1997 the President decreed that only Shari’acourts could function in the Chechen Republic-Ichkeriya.

A number of Chechen officials are reported to have stated that Russian laws may be applied in the Chechen Republic-Ichkeriya as long as they do not contradict Chechen laws. Russian authorities seem content to allow this state of affairs, since there is no evidence that they have sought to challenge the Chechen Republic-Ichkeriya’s legal structures and assert the primacy of Russian Federation laws. Therefore, the fact that consenting male adult same-sex relations have not been criminalized in the Russian Federation Criminal Code since 1993 would appear to be overridden by Article 148 of the Criminal Code of the Chechen Republic-Ichkeriya.

Recommended Actions

NB. Please always refer to the territory by its full name, the Chechen Republic- Ichkeriya, in your letters.

In letters to the President, Chairman of Parliament and the Representative in Moscow

- Urge the Chechen leadership to abolish Article 148 of the Criminal Code of the Chechen Republic-Ichkeriya, the introduction of which was announced by the President in August 1996.

- Request clarification of the current status of this Criminal Code. If it is not currently being implemented, seek assurances that whatever legislation is currently in force in the Chechen Republic-Ichkeriya does not allow for people to be punished for consenting same-sex relations in private.

- Urge that the Chechen leadership ensures that all people are equal before the law and that the human rights of every individual in the Chechen Republic-Ichkeriya are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

In letters to the Procurator General:

- Call on him to instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private.

The following points should also be made in ALL your letters to the Chechen authorities:

- By addressing separately the authorities in the Chechen Republic- Ichkeriya, Amnesty International is not taking a position on the legal status of the Chechen Republic- Ichkeriya;

- Regardless of its current legal status, the Chechen Republic-Ichkeriya remains bound by the international human rights obligations of the Russian Federation, including the International Covenant on Civil and Political Rights and the Convention against Torture;

- AI does not promote or oppose any particular system of justice, and that you urge only compliance with internationally accepted standards for the respect of human rights.

Target addresses

NB. We suggest that when writing to the officials listed below (except number 3), on envelopes you write "via Moscow, Russia" in a language recognized by your national postal authority. Since AI takes no position on territorial disputes, this form of address should get around sensitivities in the Chechen Republic-Ichkeriya surrounding the republic’s status, yet takes account of the fact that mail destined for the Chechen Republic-Ichkeriya goes via the Russian Federation.

1. President of the Chechen Republic-Ichkeriya

Aslan MASKHADOV

Chechenskaya Respublika-Ichkeriya

g. Grozny

Apparat Prezidenta

Chechenskoy Respubliki-Ichkeriya

Prezidentu

MASKHADOVU A.

Fax: +90 212 257 68 17

2) The Speaker of Parliament of the Chechen Republic-Ichkeriya

Ruslan ALIKHADZHIYEV

Chechenskaya Respublika-Ichkeriya

g. Grozny

Parlament Chechenskoy Respubliki

Ichkeriya

Spikeru

ALIKHADZHIYEVU R.

3) The Representative of the Chechen Republic- Ichkeriya in Moscow

Vakha KHASANOV

Russian Federation

Moskva 121002

Denezhny pereulok d. 12

Predstavitelstvo Chechenskoy

Respubliki Ichkeriya

Chrezvychainomu i polnomochnemu

predstavitelyu Chechenskoy respubliki

Ichkeriya v Rossiskoy Federatsii

Khasanovu Vakhu

Fax: +7 095 241 73 80

4) The General-Procurator of the Chechen Republic- Ichkeriya

Khavazh SERBIYEV

Chechenskaya Respublika Ichkeriya

Grozny

Prokuratora

Generalnomu Prokuroru

SERBIYEVU Kh. .

Other associated AI action

Amnesty International members are currently participating in a lobbying action for the abolition of all legal provisions in the Chechen Republic-Ichkeriya allowing cruel, inhuman and degrading punishments and the death penalty, including the law punishing sodomy.

KAZAKSTAN

The legal framework

Kazakstan is currently still using the old Soviet-era Criminal Code (in force since 1960), with amendments. For the last four years it has been unclear to AI whether consenting same-sex relations between adult men remains a criminal offence (same sex relations between women are not criminalized). In 1993 AI received information from gay rights activists in Russia and from sources associated with a HIV/AIDs awareness project in Kazakstan that the relevant part of the Criminal Code, Article 104 part 1, had been repealed. This punished "sodomy" (defined as "sexual relations of a man with another man") between consenting adults by up to five years’ imprisonment. AI publicized this news, but later in 1993 AI received an official communication from the Ministry of Justice that Article 104 part 1 was still in force.

In early 1997 AI again received indications from unofficial sources in Kazakstan that Article 104 part 1 was not in force, and again AI sought official clarification of the status of the article. AI also asked for information about whether it was envisaged that consenting same-sex relations between adults would not be criminalized in a new Criminal Code then in preparation. AI received no reply, but since then the new Code has been signed into law by the President, and is due to enter into force at the beginning of 1998. AI has yet to obtain a copy, but a local human rights monitor has told AI that the new Code does not criminalize same-sex relations between consenting adults.

Recommended Actions

In letters to officials in the parliament, and to the Presidential Adviser on Legal Issues:

- Request official confirmation that same-sex relations between adults in private will not be a criminal offence in the new Criminal Code of the Republic of Kazakstan, which the President has just signed into law, and which is due to enter into force at the beginning of 1998

In letters to the Procurator General:

- Call on him to instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private, noting that AI has received information that consenting same-sex relations between adults is not a criminal offence in the new Criminal Code of the Republic of Kazakstan which the President has just signed into law.

In letters to all authorities:

- Urge that authorities ensure that all people are equal before the law and that the human rights of every individual in the Republic of Kazakstan are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

Target addresses

1) Chairman of the Senate (Upper House of Parliament) of the Republic of Kazakstan

Omirbek BAYGELDIYEV

Respublika Kazakhstan

480091 Almaty (Alma-Ata)

pl. Respubliki,

Senat Kazakhstana

Predsedatelyu BAYGELDIYEVU O.

Fax: +7 3272 63 94 90

2) Chairman of the Majlis (Lower House of Parliament) of the Republic of Kazakstan

Murat OSPANOV

Respublika Kazakhstan

480091 Almaty (Alma-Ata)

pl. Respubliki,

Madzhlis Kazakhstana

Predsedatelyu OSPANOVU M.

3) Adviser to the President of the Republic of Kazakstan on Legal Issues

Igor ROGOV

Respublika Kazakhstan

480091 Almaty (Alma-Ata)

pl. Respubliki, 4

Apparat Prezidenta

Sovetniku Prezidenta po pravovym

voprasam

ROGOVU I.

Fax: + 7 3272 53 45 38

4) Procurator General of the Republic of Kazakstan

Stepan SHUTKIN

Respublika Kazakhstan

480099 g. Almaty (Alma-Ata)

ul. Zheltoksan, 189

Prokuratura Respubliki Kazakhstan

Generalnomu prokuroru

SHUTKINU S. .

Fax: +7 3272 53 27 30

Send copies of some of your letters to diplomatic representatives of Kazakstan in your own country, if they exist.

KYRGYZSTAN

The legal framework

Kyrgyzstan is still using the old Soviet-era Criminal Code (in force since 1961), with amendments. Article 112 punishes "sodomy", defined as "sexual relations of a man with another man". Part one of the article punishes consenting sex by up to five years’ imprisonment. Same sex relations between women are not criminalized.

Work is reported to be underway on drafting a new Criminal Code, but AI has no specific information about whether consenting same-sex relations between adults will be decriminalized.

Recommended Actions

In letters to officials in the parliament:

- Call on them to initiate moves to repeal Article 112 part 1 of the Criminal Code of the Kyrgyz Republic.

- Ask the to ensure that in the future Criminal Code of the Kyrgyz Republic, which is reported to be in preparation, same-sex relations between consenting adults in private will not be a criminal offence.

In letters to the Procurator General:

- Call on him to instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private.

In letters to all authorities:

- Urge that authorities ensure that all people are equal before the law and that the human rights of every individual in the Kyrgyz Republic are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

Target addresses

1) Chairman of the Legislative Assembly (the lower house of parliament)

Usup MUKAMBAYEV

Kyrgyzskaya Respublika

720003 g. Bishkek

ul. Krasnooktyabrskaya, 189

Zakonodatelnoe sobranie

Kyrgyzskoy Respubliki

Predsedatelyu MUKAMBAYEVU U.

2) Chairman of the Human Rights Commission of the Legislative Assembly

Dooronbek SADYRBAYEV

Kyrgyzskaya Respublika

720003 g. Bishkek

ul. Krasnooktyabrskaya, 189

Zakonodatelnoe sobranie

Kyrgyzskoy Respubliki

Komissiya po pravam cheloveka

Predsedatelyu SADYRBAYEVU D.

3) Chairman of the Chamber of People's Representatives (the upper house of parliament)

Almambek MUTABRAIMOV

Kyrgyzskaya Respublika

720003 g. Bishkek

ul. Krasnooktyabrskaya, 189

Kamera narodnyx Predstavitelyei

Kyrgyzskoy Respubliki

Predsedatelyu MUTABRAIMOVU A.

4) Procurator General of the Kyrgyz Republic

Asanbek SHARSHENALIYEV

Kyrgyzskaya Respublika

720632 g. Bishkek

ul. Orozbekova, 72

Prokuratura Kyrgyzskoy Respubliki

Generalno u prokuroru

SHARSHENALIYEVU A.

Send copies of some of your letters to diplomatic representatives of Kyrgyzstan in your country, if they exist.

TAJIKISTAN

The legal framework

Tajikistan is still using the old Soviet-era Criminal Code (in force since 1961), with amendments. Article 125 punishes "sodomy", defined as "sexual relations of a man with another man". Part one of the article punishes consenting sex by up to five years’ imprisonment. Same sex relations between women are not criminalized.

Civil war between 1992 and 1997 meant that legislative revision in Tajikistan has not proceeded as quickly as in other CIS countries. The revisions that have come to the attention of AI have tended to be in reaction to law and order and public security problems exacerbated by the war, and have generally had the effect of making provisions in the Criminal Code more severe than in the Soviet-era (13 new capital offences have been added in the past two years, for example). AI has no information that repeal of Article 125 part 1 is contemplated.

Recommended Actions

In letters to officials in the Supreme Council (parliament), and to the Counsellor to the President:

- Call on them to initiate moves to repeal Article 125 part 1 of the Criminal Code of the Republic of Tajikistan.

In letters to the Procurator General:

- Call on him to instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private.

In letters to all authorities:

- Urge that authorities ensure that all people are equal before the law and that the human rights of every individual in the Republic of Tajikistan are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

Target addresses

1) Chairman of the Supreme Council (Majlis Oliy) of the Republic of Tajikistan

Safarali RADZHABOV

Respublika Tajikistan

734051 g. Dushanbe

pr. Rudaki, 42

Verkhovny Sovet Respubliki

Tajikistan

Predsedatelyu RADZHABOVU S.

Fax: +7 3772 22 69 71

2) Chairman of the Tajikistan Supreme Council Committee for Legislation and Human Rights

Safarali KENZHAYEV

Respublika Tajikistan

734051 g. Dushanbe

pr. Rudaki, 42

Komitet po zakonodatelstvu i

pravam cheloveka pri

Verkhovnom Sovete

Respubliki Tadjikistan

Predsedatelyu KENZHAYEVU S.

3) State Counsellor to the President on Legislative Affairs and Relations with Parliament

Khalifabobo KHAMIDOV

Respublika Tajikistan

g. Dushanbe .

Apparat Prezidenta Respubliki

Tajikistan

Gosudarstvennomu sovetniku po delam

zakonodatelstva i otnosheniyam s

parlamentom

KHAMIDOVU Kh.

4) Procurator General of the Republic of Tajikistan

Salomiddin SHAROPOV

Respublika Tajikistan

734022 g. Dushanbe

prospekt A. Sino, 126

Prokuratura Respubliki Tajikistan

Generalnomu prokuroru

SHAROPOVU S.

Send copies of some of your letters to diplomatic representatives of Tajikistan in your country, if they exist.

TURKMENISTAN

The legal framework

Turkmenistan is a highly secretive and repressive country, and information about human rights and legal issues is difficult to obtain. Currently, the status of legislation concerning same-sex relations between consenting adults is not known to AI. A new Criminal Code was reportedly adopted in June 1997, but it is not clear whether this has yet entered into force, and AI has yet to obtain a copy of the text.

The previous Criminal Code (dating from the Soviet era), in Article 126, punished "sodomy", defined as "sexual relations of a man with another man". Part one of the article punished consenting sex by up to five years’ imprisonment. Same sex relations between women were not criminalized. Considering the repressive nature of the Turkmen regime, it is not thought likely that same-sex relations between consenting adults have been decriminalized in the new Criminal Code.

Recommended Actions

In letters to officials in the Majlis (parliament):

- Request information about whether same-sex relations between consenting adults in private remains a criminal offence. Urge that, if the answer is yes, they initiate moves to repeal the relevant part of the Criminal Code.

In letters to the Procurator General:

- Request information about whether same-sex relations between consenting adults in private remains a criminal offence in Turkmenistan. Urge that, if the answer is yes, she instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private.

In letters to all authorities:

- Urge that authorities ensure that all people are equal before the law and that the human rights of every individual in Turkmenistan are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

Target addresses

1) Chairman of the Majlis(Turkmenistan's standing parliament)

Sakhat Nepesovich MURADOV

Turkmenistan

g. Ashgabat

Majlis Turkmenistana

Predsedatelyu MURADOVU S.N.

2) Chairman of the Majlis Committee on the State System and Legislation

Ereshkul DZHUMAYEV

Turkmenistan

g. Ashgabat

Komitet po gosudarstvenoy sisteme

i zakonodatelstvu

Majlisa Turkmenistana

Predsedatelyu DZHUMAYEVU E.

3) Procurator General of Turkmenistan

Gurbanbibi ATAJANOVA (Ms)

Turkmenistan

g. Asghabat

ul. Seidi, 4

Prokuratura Turkmenistana

Generalnomu prokuroru

ATAJANOVOY G.

Fax. +993 1 35 44 82

Send copies of some of your letters to diplomatic representatives of Turkmenistan in your country, if they exist.

UZBEKISTAN

The legal framework

A new Criminal Code came into force in Uzbekistan in 1995. Article 120 punishes "sodomy" (besakalbazlykin Uzbek), defined as " the satisfaction of a sexual urge by a man with a man without violence", by up to three years’ imprisonment. This is a small improvement on the previous criminal code, where the maximum punishment for sodomy was five years’ imprisonment. Same sex relations between women are not criminalized.

Recommended Actions

In letters to the Supreme Assembly officials:

- Call on them to initiate moves to repeal Article 120 of the Criminal Code of the Republic of Uzbekistan.

In letters to the Procurator General:

- Call on him to instruct procuracy officials at all levels not to pursue criminal prosecutions of people for consenting same-sex relations between adults in private.

In letters to all officials:

- Urge that authorities ensure that all people are equal before the law and that the human rights of every individual in the Republic of Uzbekistan are fully respected, regardless of their ethnic origin, religious or political beliefs, age, gender or sexual orientation.

- Note that the criminal punishment of adults for having consenting same-sex relations in private contradicts Article 27 of the Constitution of the Republic of Uzbekistan, which states that "Everyone shall be entitled to protection against encroachments on [his/her] honour, dignity and interference in [his/her] private life...".

Target addresses

1) Chairman of the Supreme Assembly (Oliy Majlis) of the Republic of Uzbekistan

Erkin Khamdamovich KHALILOV

Respublika Uzbekistan

700008 g. Tashkent

pl. Mustakillik

Oliy Majlis Respubliki Uzbekistan

Predsedatelyu KHALILOVU E.Kh.

2) Parliamentary Ombudsman for Human Rights

Sayora RASHIDOVA (Ms)

Respublika Uzbekistan

700008 g. Tashkent

pl. Mustakillik 2

Oliy Majlis Respubliki Uzbekistan

Upolnomochennomu po pravam

cheloveka pri Oliy Majlis

RASHIDOVOY S.

Fax: +7 3712 139 85 55

3) Chairman of the Oliy Majlis Committee on Legislation and Legal Issues

Nurdinzhon ISMAILOV

Respublika Uzbekistan

700008 g. Tashkent

pl. Mustakillik

Komitet po zakonodatelstvu i

sudebno-pravovym voprosam

pri Oliy Majlis

Predsedatelyu ISMAILOVU N.M.

4) Procurator General of the Republic of Uzbekistan

Buritosh MUSTAFOYEV

Respublika Uzbekistan

700000 g. Tashkent

ul. Gogolya, 66

Prokuratura Respubliki Uzbekistan

Generalnomu prokuroru

MUSTAFOYEVU B.

Send copies of some of your letters to diplomatic representatives of Uzbekistan in your country, if they exist.