CAT/OP/C/57/4 homophobic or transphobic bias.15 About 7 per cent of the transgender persons participating in one study reported that they had been arrested or held in a cell owing to the bias of police officers,16 a prejudice often reinforced by difficulties deriving from the lack of identification papers or documents that correspond to their apparent gender. A number of reports refer to the use of degrading language, contact and treatment during arrest. With very few exceptions, State officers are not trained to understand the needs of lesbian, gay, bisexual, transgender and intersex persons and there are no institutional policies and methods to adequately address self-identification, classification, risk assessment and placement. That results in violence against such persons and a lack of access to necessary resources and services, such as physical and mental care. 61. Both the Special Rapporteur on torture and the Subcommittee have noted that in detention facilities there is usually a strict hierarchy, and that those at the bottom of the hierarchy, including lesbian, gay, bisexual and transgender persons, typically suffer double or triple discrimination. 17 Complaints of insults, beatings, confinement and targeted forms of violence are not uncommon.18 Ill-treatment extends to discrimination based on perceptions or preconceptions, for example, when men suspected of homosexual conduct are subjected to non-consensual anal examinations to “prove” or “disprove” their homosexuality.19 62. Abuse may be perpetrated by fellow inmates or by the staff of the place of detention. Some studies have recorded that non-heterosexual inmates are 10 times more likely than heterosexual inmates to be sexually assaulted by other inmates, and 3 times more likely to be sexually assaulted by prison staff.20 In the case of transgender persons, the likelihood of being sexually assaulted by a fellow inmate was 13 times higher than for cisgender persons.21 63. Research on sexual abuse in correctional facilities consistently documents the vulnerability of men and women with non-heterosexual orientations and of transgender individuals. The basic statistics revealed in such research have been confirmed by the experience of members of the Subcommittee; for example, one gay inmate reported to the Subcommittee that he had been raped on multiple occasions and made to walk around wearing short skirts (see CAT/OP/PRY/1, para. 214), and lesbians have reported having been subjected to so-called “corrective rape”. 15 16 17 18 19 20 21 See, for example, Working Group on Arbitrary Detention, opinion No. 22/2006 (Cameroon). Jaime M. Grant and others, Injustice at Every Turn: A Report of the Transgender Discrimination Survey (Washington, National Gay and Lesbian Task Force and National Center for Transgender Equality, 2011), p. 163. See A/HRC/13/39/Add.5, para. 231 and A/56/156, para. 19. The Special Rapporteur has also observed the lack of relevant statistics, owing to which the problems faced by lesbian, gay, bisexual and transgender persons are virtually invisible to policymakers. See, for example, Council of Europe, “Report to the Czech Government on the visit to the Czech Republic carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 1 to 10 April 2014” (Strasbourg, 2015), para. 46, and “Report to the Armenian Government on the visit to Armenia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment from 10 to 21 May 2010” (Strasbourg, 2011), para. 66. Such examinations, which are medically worthless, have also been condemned by the Committee against Torture and the Special Rapporteur on torture (see A/HRC/19/41, para. 37). United States Department of Justice, Bureau of Justice Statistics, “Sexual victimization in prisons and jails reported by inmates, 2011-12: national inmate survey, 2011-12”, pp. 18 and 30. Available at www.bjs.gov/content/pub/pdf/svpjri1112.pdf. University of California, Irvine, Center for Evidence-Based Corrections, “Violence in California correctional facilities: an empirical examination of sexual assault” (2007), p. 42. 13

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