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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