Criminal
Death penalty abolished in 1999, but consensual same-sex conduct still criminal
Turkmenistan abolished capital punishment in 1999, among the earliest in the region. The Criminal Code nonetheless retains an offence of sodomy, criminalising consensual conduct between men.
Key rules
- Jurisdiction — District and city courts, provincial courts on appeal, Supreme Court above them. No jury trial.
Governing law
- Criminal Code of Turkmenistan1997, as amended
- Criminal Procedure Code of Turkmenistan2009
Penalties and consequences
- Imprisonment as the maximum penalty; the death penalty was abolished in 1999
- Imprisonment for consensual same-sex conduct between men under the sodomy provision
In practice
Abolition of the death penalty was a genuine and early reform. Against that, the criminalisation of same-sex conduct, the use of vaguely defined offences against religious and political activity, and repeated findings of enforced disappearance in the prison system dominate international reporting. The UN Human Rights Committee and the Committee against Torture have documented incommunicado detention with no information given to families for years. Conscientious objection to military service is not recognised and results in prosecution.