Guidance

Turkmenistan: information for victims of rape and sexual assault

Published 13 July 2023

If you’ve been sexually assaulted it’s important to remember that it was not your fault. Rape and sexual assault is always wrong – no matter who commits it or where it happens. It is traumatic and it can affect you both physically and emotionally. Do not be afraid to get help.

This information is provided to help British nationals overseas make informed decisions about whether and how to:

• seek medical advice and attention
• report to local police
• engage with foreign legal authorities following a rape or other form of sexual assault overseas

For information on support available in the UK, see rape and sexual assault: returning to the UK.

First steps

It is your choice about what you do next, but this information may help you in coming to a decision. The most important thing is to make sure that you are as safe as you can be. You can:

• contact the emergency number on 03 (if you do not speak Turkmen or Russian you will need somebody’s assistance to make a call)
• contact the confidential helpline +99312 228668 to speak to a trained adviser, who can offer general support, advice on next steps, legal and psychological assistance (if you do not speak Turkmen or Russian you will need somebody’s assistance to make a call)
• contact your tour operator if you are travelling with one
• contact the British Embassy Ashgabat. Our telephone number is +993 12 363462. Embassy staff will be empathetic, and non-judgmental, and can provide information on local police and medical procedures. Anything you tell them will be treated in the strictest confidence. They can contact your family or friends for you if you wish

If you want to report the incident to the police in Turkmenistan

Before you go to the police station

If you would like the incident to be investigated, you will need to report it to the nearest police station by calling 02 or 002. If you are still at the place of the assault, you can ask the police to come to your location. The duty police officer should accept reports of any crime 24/7.

After the police take the necessary measures to prevent any further crime, the case materials will be transferred to the prosecutor’s office.

Anonymous reports over the phone will be registered but cannot be used to start a criminal investigation.

The ambulance or hospital will notify the police in all rape or sexual assault cases, but you will be able to decide whether you want to officially report the crime or not. The Prosecutor’s office can only begin investigating the case when they get a formal report.

If a victim has physical or mental disabilities or cannot act in their own interest, the prosecutor has the right to start a case without a report,

Reporting crimes to the police in Turkmenistan can be a complex and time-consuming process, you should be prepared to spend several hours in the prosecutor’s office. Local officers may not have specific training in supporting victims of sexual assault. You may find the process of reporting the assault difficult at times.

Rape and sexual assault are both criminal offences in Turkmenistan, but conviction rates remain low, and judicial proceedings may take a long time. You may be asked to testify in in a court session as well as during the investigation.

Homosexuality is illegal in Turkmenistan and will be viewed negatively. A victim may be criticised if drugs or alcohol were involved.

If you choose to report the crime, try to do so as soon as possible, so forensic evidence can be retained.

Washing yourself or your clothes may make it difficult to obtain forensic evidence. If you change your clothes, think about taking those you were wearing to the police. You may wish to preserve evidence by retaining items such as condoms, toothbrushes, or texts.

At the police station

Tell the police if you think you have been drugged.

If you have a tour operator, they should be able to arrange for someone to support you. If you are in an area where there is a British embassy, they will try to send a consular officer to support you, where timing and location allow. You will always be able to speak to trained consular staff on the telephone 24/7.

If you approach the police directly, you can also ask them to inform the British embassy on +993 12 363462 if you wish consular support.

Consular staff can accompany you to the police station should you so wish and where possible. However, we cannot provide interpretation and might not be allowed to stay with you during a police interview.

You can request to be interviewed by a police officer of a particular gender although there is no guarantee one will be available. It is very rare that local police officers speak English.

An interpreter can be provided by the local police, but this may take a long time to arrange and there is no guarantee of quality of translation. In order to save time, you may want to hire and pay for your own interpreter when you visit the police station.

Find a list of private local interpreters.

Once an initial verbal report is made to the prosecutor’s office, you will be required to give a full statement. Not all police stations will have private rooms for taking a statement. Generally, interviews will take place in the office of the duty investigators and there are likely to be several people working in one office.

You will be told to sign your statement so make sure you understand what you are signing. You may want to consider hiring a lawyer or someone else accompany you. For further information see the hiring a lawyer section of this guide.

Ask police for a copy of their report, and request a translation in English, where possible. Get the copy of your written statement signed by the police officer once you submit the original and keep the copy.

By law, you have the right to:

• testify in your native language or the language you speak and use the services of an interpreter
• know about the accusation brought against the accused
• be informed of investigative actions carried out and be able to submit comments on them

After making a statement

The police officer will register the crime report. Ask the police officer to write down the phone number of the relevant department that will be dealing with your case so you can contact them later for updates.

The case will be investigated in other departments; therefore, you may have to make a statement several times and sometimes visit the incident site together with the investigator.

All your clothes you had at the time of attack will be kept by the police as evidence and will be sent for forensic examination. The police will send you to the local hospital or a forensic examination centre if you haven’t already had medical assistance.

See the medical examination section of this guide for more information.

You will not have to give in your passport whilst the investigation is carried out. The police will take a copy of your passport and your full contact details.

Prosecution authorities in Turkmenistan will not inform UK police and will not ask UK to undertake police checks on you.

If you do not want to report the incident to the police in Turkmenistan

The British Embassy will be able to help you. This includes:

• helping you to contact your insurance company and/or your family
• making arrangements to travel back to the UK
• providing you with information on local support in the UK
• providing you with lists of English-speaking medical facilities, lawyers and translators

It is your choice on whether to report the crime. If you don’t report it, your case may not be investigated.

You must report the crime in Turkmenistan for it to be investigated.

Even if you do not report the crime, you are still able to get medical attention. You should go to the nearest hospital, a local doctor or gynaecologist, but you will not be entitled to a forensic examination. You will be asked by the doctor whether you wish to report the crime.

If you want to report the incident to the police in the UK

The support available to you, and your access to justice may vary according to where you report the crime.

If you are staying in Turkmenistan, you should report the crime there. If you are a British national and you need help to report the crime, you can contact the nearest British embassy, high commission or consulate, or the Foreign, Commonwealth & Development Office in London.

If you do not report the crime in the country where it happened and you return to the UK, you can still report the matter to your local UK police. The UK police should send the information you provide to the country where the crime happened. However, it is for foreign police forces to decide whether to investigate a crime in their jurisdiction and they may not take action.

You can report the crime to the UK police even if you are not seeking an investigation abroad. The UK police can offer you access to victim support in the UK. They may still send some details of the crime to the police in Turkmenistan. This might be necessary in order to protect vulnerable people, or to stop more crimes being committed.

The medical examinatio: what to expect

Not all hospitals and medical centres in Turkmenistan can treat victims of rape and sexual assault. Normally hospitals tend to specialise in specific areas of health. There are a few medical clinics used by foreigners that can offer medical support to victims of rape and sexual assault. The British Embassy has compiled a list of medical facilities in Turkmenistan.

A hospital examination may include:

• examination of external injuries
• a gynaecological examination, including taking swabs and testing for STIs (sexually transmitted infections)
• taking photographs

You can ask for a female member of the medical staff be present.

Consular staff can accompany you to the hospital.

If you have been referred to a hospital by the police or prosecutor’s office for forensic examination, the hospital will automatically report the results to the police or prosecutor’s office.

Medical practices will automatically pass details of people they believe to be victims of rape or sexual assault to the police. The British Embassy can talk to local healthcare providers on your behalf to check a clinic’s policy in this matter before you attend the clinic.

Treatment

Hospital medical staff can give you advice on HIV PEP medication (‘Post-exposure prophylaxis’, a treatment that can prevent HIV infection) if necessary. PEP is available via the Centres for Prevention and Control of AIDS in each regional centre.

The centres provide PEP therapy free of charge, but you’ll have to pay for the cost of testing. The NHS may be able to begin or continue the 28 day treatment on your return to the UK. More information on risks is available on the NHS HIV and AIDS website.

HIV PEP medication needs to be taken within 72 hours of the incident for it to be effective.

Emergency contraception can be obtained from a pharmacy. You will have to pay for it, and you may need a prescription.

Emergency contraception needs to be taken within 72 hours of the incident for it to be effective.

Abortion is available in Turkmenistan for victims of rape and sexual assault for a period of up to 22 weeks.

Emergency medical assistance is free of charge in Turkmenistan, any subsequent treatment will be charged in accordance with the hospital’s price list. You’ll normally need to pay with cash, though some local hospitals may accept card payments.

If you have had medication administered overseas, you should keep the label or make a note of the name of the medication, so that you let your local health provider know when you return home.

Investigations in Turkmenistan: what to expect

After you report the crime and with enough evidence to begin an investigation, the case will be registered and assigned to an investigator.

When the investigating authorities are satisfied with the evidence, they issue a statement to officially recognise you as a victim.

You have the right to:

• know if charges have been pressed against the perpetrator
• testify in your own language and be provided with a translator
• provide evidence and make requests (pleadings)
• have a representative or lawyer
• have access to the investigation reports and all case materials after the end of pre-trial investigation
• present evidence
• submit petitions
• participate in court proceedings
• declare challenges
• demand compensation for the harm caused
• be informed of the procedures of the court session and submit comments on it
• appeal against the actions and decisions of the inquirer, investigator, prosecutor, judge and court
• appeal against a sentence or ruling (resolution) of a judge or court

The Investigator may take you to the crime scene to get more details on the incident. They may interview the suspect at the same time and you might meet in the corridors or waiting areas of the prosecutor’s office.

You will be asked to identify a suspect at the prosecutor’s office. Some offices may not have protective screens to hide your identity - you may be asked to make an identification face-to-face. You will also be required to attend face-to-face questioning with the suspect. You may want to hire a lawyer if this is the case.

Criminal investigations in Turkmenistan tend to progress very slowly. If someone is arrested under suspicion of criminal offence, they can be detained without charges for a maximum of 48 hours (or 72 in some cases). In some cases, a suspect may not be detained at all.

After that, the suspect will be released unless the prosecutor orders detention for the length of investigation. In some cases, for example if the suspect is your partner or spouse, the police can issue them with a restraining order for up to 30 days.

You are entitled to stay informed of the developments in the case. However, having legal representation from the early stages of a case helps make sure that your rights are respected during initial interviews and throughout the rest of the investigation. See the hiring a lawyer a lawyer section of this guide for more information about how a lawyer can help you.

You may need to stay in Turkmenistan throughout the investigation. If you leave the country, this may mean the case is closed.

You can get further legal advice and support from the non-governmental organisation (NGO) Keyik Okara:

Keyik Okara
Turkmenbashy Avenue 83/2
Mir 4/1 Building 5
Ashgabat 7440011
Turkmenistan
Tel: +993 12 44 54 69 / +993 12 44 39 15

Email: keik_okara@mail.ru

Investigations of rape and sexual assault cases must not take longer than 2 months from the beginning of the criminal case. The investigator may request permission from the public prosecutor to:

• extend the period of the investigation, for example when further expertise is required
• file the case, if there are insufficient grounds or evidence to prosecute
• order a trial

Court procedures: what to expect

By law, if the perpetrator is found guilty of rape, they may serve the following sentences:

• 3 to 10 years: if you were raped with physical violence, with the threat of violence, or if you cannot defend yourself
• 5 to 15 years: if you were raped by two or more people, if you were raped in connection with other acts of torture, if you were raped and infected with a venereal disease or if you are a minor
• 10 to 25 years: if they cause death or serious harm to your health (including infecting you with AIDS) or if you are under 14 years old

The judge can order the perpetrator to pay you compensation, including for emotional trauma. Normally you cannot agree on a settlement with the perpetrator in rape and sexual assault cases. If the case goes to trial, you will be expected to testify in court. Depending on the circumstances, you may be allowed to testify from the UK. Testimony will be in front of the suspect. Be aware that you’ll be asked for details of sexual acts and this may feel uncomfortable.

By law, the absence of consent is considered to be rape. However, in practice the absence of torn clothes or physical injury may be seen as consent. All cases will be investigated.

The suspect’s family members are allowed to attend the court hearing. There is often only one entrance to a court building, so victims and suspects might meet.

Trials are normally public, but for rape and sexual assault trials, the judge can order a closed trial to protect your privacy.

If the case is referred for further investigation, you might have to give an additional statement.

You cannot drop the charges once criminal proceedings have started.

In Turkmenistan, it is illegal to make false statements or accusations. Therefore, the suspect may press counter charges against you claiming that you have made false accusations, including during the investigation stage. The court will investigate these claims and decide on proceedings. If you do not speak Turkmen or Russian, a translator will be provided by the court – make sure you inform them in advance to allow them to make arrangements. You can also have your own interpreter. The Embassy can provide a list of translators and interpreters. The officer managing the criminal process shall issue a resolution on the appointment of a person as an interpreter.

Consular staff will not normally be able to attend the trial with you. You may wish to be accompanied by a friend or member of your family for the court hearing.

Trial

When the investigation is completed, a case will be filed by the prosecutor to the court. It may take several months until the case comes up in the court. There will be a time for both parties to familiarise themselves with the case materials before the start of the trial.

First, there may be an initial hearing which may last for several days depending on the complexity of the case, and as a result the judge may initiate the main trial or return the case for further investigation.

Trial procedures

The prosecutor must notify both parties when the case is submitted to the court, and there should be formal notification of the start of the trial procedures.

The trial in Turkmenistan can be conducted only in a local language. You can give a statement in English, but that must be translated into either Turkmen or Russian. You can choose a translator or request a court to provide one.

You are obliged to be present at court. However, at your request, the court may release you from attending the court session and allow you to only appear at a certain time, to testify.

Depending on the complexity of the case the trial may last several months. You or the defendant then have the right to appeal the court decision within 10 days of the verdict. If there is no appeal, the sentence comes into force. You will have one year to submit the second (and last) appeal to the Cassation Court if you disagree with the decision. There is no time limit to submit a cassation appeal for the defendant

Hiring a lawyer

You should consider appointing a lawyer from the early stages. The state does not provide public lawyers.

There are different types of lawyers in Turkmenistan, including some that specialise in rape and sexual assault cases.

Your lawyer can speak before the prosecutor on your behalf, but you may still need to attend in person. The lawyer (or representative) will be able to request access to the case materials such as case notes, forensic results.

The British embassy can provide you the list of local English speaking lawyers. Some lawyers may offer services at a lower cost.

If you are not resident in-country, you should appoint a local lawyer to represent you.

Communication

The investigator normally communicates directly with the victim or their legal representative.

Victims often have to chase the prosecutor’s office for information rather than police updating them on the progress of the case. If you do not want to appoint a lawyer, you might need the help of a local language speaker to help you communicate with the prosecutor’s office and chase them so you stay updated.

Sentencing

In general, in Turkmenistan, sentences are weighted in favour of punishment. However, this may be different in rape and sexual assault cases when it may be difficult to prove a suspect’s guilt.

If sentenced, the perpetrator is found guilty of a ‘crime of sexual relations’.

Compensation

The court can order the offender to pay compensation for any injuries or losses as part of the sentence.

Victims of criminal offences are eligible for a state-funded compensation scheme from the Victims Support Fund depending on the crime committed against them. You can ask your lawyer for more information on applying for this fund.

When you return to the UK

You may want to let your GP or a Sexual Assault Referral Centre (SARC) know what has happened to you so that you can talk about the experience and seek further support and advice where you live:

Region	Organisation
England	Get help and advice via the NHS website: Help after rape and sexual assault - NHS (www.nhs.uk)
Scotland	Archway SARC: phone 0141 211 8175
Wales	New Pathways SARC: phone 01685 379 310
	Ynys Saff Sexual Assault Referral Centre - Cardiff and Vale University Health Board
Northern Ireland	Rowan SARC Northern Ireland: phone 0800 389 4424

If you believe you may be at risk of having contracted a sexually transmitted infection (STI), you should ask your local health provider to test you. You should do this even if you have been tested in the country that the assault took place in.

Support organisations in Turkmenistan

It is your choice to let people know. If you are ready to talk about it, NGO Keyik Okara may be able to help you. They may be able to offer psychological or legal support or provide shelter. Assistance may not be available in English, so you will need the help of a Russian or Turkmen speaker or a translator.

Keyik Okara
Turkmenbashy Avenue 83/2
Mir 4/1 Building 5
Ashgabat 7440011
Turkmenistan
Tel: +993 12 44 54 69 / +993 12 44 39 15

Email: keik_okara@mail.ru

Disclaimer

This information has been prepared by UK government officials who are not legally or medically trained. It should therefore never be used as a substitute for professional medical or legal advice. It is intended to help British nationals overseas make their own informed decisions. Neither UK government nor any official of the Consulate accept liability for any loss or damage which you might suffer as a result of relying on the information supplied.

Medical information has been provided by The Havens Sexual Assault Referral Centres of Kings College Hospital NHS Foundation Trust and was accurate at the time of production ( 2 February 2022).