A Monitoring Guide
101
In some cases, the mere fact of carrying condoms or lubricants may
be used by police and prosecutors as evidence to prosecute persons
under anti-prostitution laws, particularly in countries where samesex relationships, so-called “crossdressing”, or “transgenderism” are
criminalized. Trans sex workers, who are especially targeted, consequently may avoid carrying condoms for fear of arrest, thus gravely jeopardizing their right to health and their ability to protect
themselves and others from contracting HIV and other STIs. When
sexual orientation or gender identity intersects with other characteristics, in particular ethnicity or migratory status, but also socio-economic situation, the risk of discriminatory police profiling is
further magnified.
At borders, trans and intersex persons may be exposed to humiliating treatment by police officers who consider that the sex indicated in their passport does not correspond to their appearance. In
such cases they are at risk of being brought to separate rooms and
being required to undress for the purpose of having their genitalia
examined, under the false premise of assigning their sex. They may
eventually be arbitrarily refused permission to fly abroad or to enter
a country, without having been charged with any offense.
Abuse, mistreatment, and even torture can take place in the streets,
in police vehicles, and in police stations, where LGBT persons may
be arbitrarily detained for hours, days, or even weeks (sometimes
for alleged identity checks). Police officers may also arrest LGBT individuals in their private homes and search premises without presenting a warrant. The targeting of LGBT individuals by law enforcement officials often does not have any investigative purpose, but
merely aims to punish and “correct” reprehended behavior. The risk
is particularly high when homophobia and transphobia are deeply-rooted in police culture, and where stereotyping and discrimination
Chapter IV
are additionally at risk of being held without due regard for their
self-identified gender. In some countries, particularly where samesex relations and/or trans identities are criminalized, the police may
resort to entrapment via online dating platforms and social media
as a means to target and arrest LGBT persons, and in particular gay
men and trans women. In some contexts, police officers may be
supported by local militias.
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