Transmission volontaire du VIH : Dr Safiatou Thiam détaille les trois preuves essentielles pour établir le délit
Recent events in Senegal, marked by a wave of arrests for "intentional transmission" of HIV in cases linked to homosexuality, have placed the National AIDS Control Council (CNLS) at the heart of the debate. In an interview with the newspaper Le Soleil, its executive secretary, Dr. Safiatou Thiam, provides essential insights into this sensitive issue.
A crime that is difficult to prove
Although the law severely punishes the intentional transmission of HIV to others, the expert points out that proving it is particularly difficult. She states unequivocally: "The intentional transmission of HIV is punishable by law. It is a crime. No one has the right to intentionally transmit a disease."
However, the former Minister of Health clarifies that to convict a suspect, three criteria must be met: first, the accused must be aware of their serological status; second, the causal link between their virus and that of the victim must be technically proven; and finally, the intent to transmit the virus must be demonstrated. "It is also necessary to prove that there was an intention to transmit the virus. This is very difficult to prove," she emphasizes.
Against hasty judgments
Dr. Thiam is also concerned about certain hasty judgments based solely on the discovery of a positive test. She insists: "We see people talking about deliberate transmission based on: 'he was tested, he's positive, so we condemn him.' [...] We believe that people's presumption of innocence must be respected."
Warning about stigmatization
Beyond the strictly legal framework, the CNLS fears the social consequences for the 47,000 people living with HIV in Senegal. The fear of being associated with sex scandals is creating a climate of tension. "Today, there's panic because they [people living with HIV] don't want to be involved in the history of homosexuality," the expert explains.
The interviewee for the national daily newspaper concluded: "We must respect the dignity of these people. We must not stigmatize them. People who have HIV do not want their illness to be discussed. That is their right."
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