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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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