Lesbian, gay, bisexual, and transgender (LGBT) people in Turkmenistan face active discrimination and stigmatization compared to non-LGBT residents.[3][4]Turkmenistan is one of the only two post-Soviet states where male homosexual activity remains criminalized, along with Uzbekistan.[5]
Law
Male homosexuality is explicitly illegal and sodomy—defined as sexual intercourse between men—is punishable by up to 2 years in prison, with additional terms of 2 to 5 years in a labor camp possible,[a] under the Criminal Code of Turkmenistan, Chapter 3; Article 135, section (1).[6] In addition, the provisions of Article 19 of the code allow for increased penalties for repeat convictions, applying to any crime under the code.[7] Prior to a 2019 amendment, the 1997 code's maximum term was 2 years.[3][4] The 1927 code of the Turkmen SSR had far less detailed provisions than the 1997 code adopted after independence.[8][9] The law was enforced rarely before the ascension of Gurbanguly Berdimuhamedow to presidency in 2006.[3][4]
Investigations into offences under Article 135 are grossly humiliating and may involve torture by state and non-state actors. Homosexuality is institutionally perceived as a form of mental disorder.[3][4] Repeat prosecutions can incur compulsory admission to psychiatric clinics where internees may be subjected to involuntary conversion therapy.[3][4][2] No penal provisions exist for homosexual women who, along with transsexual people, are an unacknowledged category in Turkmen law.[4][2]
Towards anti-discrimination legislation
Turkmenistan has consistently rejected pleas to implement anti-discrimination legislation, despite requests by multiple nations via three Universal Periodic Reviews.[4] In dialogue with various wings of the United Nations, Turkmenistan has justified the discriminatory frameworks by arguing any deviations to be a potential threat to the fabric of Turkmen traditions and society.[4][2][10] In February 2021, the Turkmen Government noted to the Office of the United Nations High Commissioner for Human Rights about intentions to "reconsider the reasoning of the article criminalizing consensual same-sex relations" and "study the option of introducing anti-discrimination legislation".[11]
Society and culture
No civil society exists in Turkmenistan, media is entirely owned by the state, and conducting field-surveys is very difficult.[2][8] These conditions render scarce the availability of any surveillance data on LGBT rights and allied issues.[2][8][12] However, reports of the extra-judicial consequences of being gay include: state-sponsored violence, including torture during criminal investigative process; and vigilante attacks, especially in prison.[2][4] In October 2019, a gay doctor was tortured by the state-apparatus for a long span of time, before temporarily disappearing.[3][4] In May 2020, multiple well-known figures from the modelling industry were arrested on the charges of homosexuality.[3][4] Turkmen lesbians have been granted asylum in the United States.[13][14] Gays have been documented to have sought refuge in the European Union.[4]
^Sections 2−4 of Article 135 relate to non-consensual or otherwise harmful or abusive sex acts and attract higher penalties. These involve threats, force or violence [Article 135(2)]; or result in infection with HIV or other sexually transmitted diseases [Article 135(3) §d) and (4) §b)]; or are for "pederasty", or sex with a minor [Article 135(3) §c) and (4) §a)]. Such sexual violence and acts of child abuse, although all dealt with in the same article of the code that deals with consensual sex between adult males, are solely matters considered criminal even in jurisdictions where consensual adult same-sex sexual activity is not proscribed. For this reason, those penalties are not relevant here.[15][16]
^ abcdefghEurasian Coalition on Male Health (ECOM) (2019). Legislative analysis related to LGBT rights and HIV in Turkmenistan(PDF) (Report). Retrieved 11 May 2021. (Article 135 of the Criminal Code). This article imposes imprisonment for up to two years..." [...] "The legislation of the country does not impose penalties for sexual intercourse between women.
^ abУГОЛОВНЫЙ КОДЕКС ТУРКМЕНИСТАНА [Criminal Code of Turkmenistan] (PDF) (222-1, Article 135 "Sodomy") (in Turkmen). Assembly of Turkmenistan. 12 June 1997. Section (1). [As amended 13 November 2021]. Sodomy, that is, sexual intercourse between a man and a man, shall be punishable by deprivation of liberty for a term of up to two years, with the imposition of a duty residence in a certain area for a period of two to five years.
^ abУГОЛОВНЫЙ КОДЕКС ТУРКМЕНИСТАНА [Criminal Code of Turkmenistan] (PDF) (222-1, Article 19 "Recurrence of crimes") (in Turkmen). Assembly of Turkmenistan. 12 June 1997. [As amended 13 November 2021].
^Healey, Dan (15 July 2001). Homosexual Desire in Revolutionary Russia: The Regulation of Sexual and Gender Dissent. University of Chicago Press. ISBN978-0-226-32234-6.
