100 Towards the Effective Protection of LGBTI Persons Deprived of Liberty Principle 7. The Right to Freedom from Arbitrary deprivation of liberty “No one shall be subjected to arbitrary arrest or detention. Arrest or detention on the basis of sexual orientation or gender identity, whether pursuant to a court order or otherwise, is arbitrary. All persons under arrest, regardless of their sexual orientation or gender identity, are entitled, on the basis of equality, to be informed of the reasons for arrest and the nature of any charges against them, to be brought promptly before a judicial officer and to bring court proceedings to determine the lawfulness of detention, whether or not charged with any offence. States shall: A Take all necessary legislative, administrative and other measures to ensure that sexual orientation or gender identity may under no circumstances be the basis for arrest or detention, including the elimination of vaguely worded criminal law provisions that invite discriminatory application or otherwise provide scope for arrests based on prejudice […].” LGBT individuals are at a greater risk of being arbitrarily arrested, harassed, extorted, and subjected to excessive use of force by police, than the general population. Risks are further magnified for trans people and for LGBTI sex workers, as well as LGBTI human rights defenders. Where same-sex relations and/or trans identities are criminalized, such abuses easily go unpunished. LGBT persons may be victims of discriminatory profiling, particularly in places known by police for being largely frequented by LGBT people, including social venues, specific streets, and public spaces. Discriminatory police profiling practices include the association of a particular social group with a specific criminal offense. For instance, in some countries trans women are arbitrarily arrested on alleged grounds of dealing drugs in large numbers (and sometimes contemptuously referred to as “narcotrans” or “narcotransvestite”). LGBT persons are also exposed to harassment in the streets, including by being forced to stand naked, be stripped searched, or arbitrarily held in custody in the absence of formal charges. When detained, LGBT persons are further at risk of being deprived of water and food and exposed to violence from custody officers. Trans detainees

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