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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
Principle 29. Accountability
“Everyone whose human rights, including rights addressed in these
Principles, are violated is entitled to have those directly or indirectly
responsible for the violation, whether they are government officials or
not, held accountable for their actions in a manner that is proportionate to the seriousness of the violation. There should be no impunity for
perpetrators of human rights violations related to sexual orientation or
gender identity.
States shall: […]
B Ensure that all allegations of crimes perpetrated on the basis of
the actual or perceived sexual orientation or gender identity of the
victim, including such crimes described in these Principles, are investigated promptly and thoroughly, and that, where appropriate
evidence is found, those responsible are prosecuted, tried and duly
punished.”
LGBT persons face higher risks than the general population of being
victims of crimes, including hate crimes, which are crimes motivated
by hostility or prejudice on the basis of the person’s sexual orientation, gender identity, religion, ethnicity, disability or other grounds. At the same time, and often because of exposure to harassment
and violence by the police, LGBT persons face additional barriers
in reporting hate crimes, and obstacles to cooperation with investigators. They may, for instance, choose not to report complaints
due to risks of reprisals or precedents indicating that the police will
not take their complaints seriously, or that their experience is all
too common to be reported. LGBT persons may also fear retaliations
from the perpetrators. In the worst cases, where same-sex relations
are criminalised, the police may turn against the persons reporting complaints and charge them for crimes such as sodomy or sex
against the order of nature. LGBT persons may be abused or extorted by the police when trying to report a crime. Lesbian and bisexual
women are reportedly even less likely than gay or bisexual men or
trans victims to report incidents of hate-motivated violence to the
police. Even in police forces with supposed tolerance for diversity,
evidence points to the difficulties of eradicating homophobic attitu-
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