💂Violence by State Actors

Violence by state actors against LGBTQIA+ people is both institutional and interpersonal. State actors are empowered to enact violence against LGBTQIA+ people through law, and in the process, they often subject their targets to further humiliation and degradation. There are also documented incidences where vague laws around licensing, permits, and vice are used to harass, intimidate, or restrict legal and legitimate events or businesses.

LGBTQIA+ people are often subject to arbitrary searches, arrest, and detention by police, immigration officers, and state religious authorities. Raids and detentions typically happen during LGBTQIA+ social events or while they are working on the street. However, LGBTQIA+ people also report being approached by law enforcement while engaging in regular activities, such as while eating at restaurants.

LGBTQIA+ are often subject to various abuses including verbal abuse, extortion, assault, and violations of privacy by law enforcement. For instance, state Islamic Department officials have brought media crews while conducting raids and arrests, increasing the risk of discrimination and negative exposure toward LGBTQIA+ people.

LGBTQIA+ people report reluctance to lodge formal complaints about abuse by law enforcement can be attributed to a fear of reprisal, as state actors could obtain their personal information including their home address. This is further complicated by the fact that many complaint mechanisms do not carry a guarantee of protection from retaliation.

Case Study: Harassment by Police at Roadblocks

Joe* was stopped by the police at a roadblock on his way home in Petaling Jaya. This happened during the Movement Control Order (MCO) in 2020. One of the officers checked Joe’s phone. When the officer saw that Grindr was installed, he told Joe the app is illegal, and proceeded to read his chats. The officer then forced Joe to admit he is gay, and crassly asked him how it feels to have sex with another man. Joe felt sexually harassed and intimidated. The officer threatened to handcuff Joe and call his parents. In the end they just asked him for money. Joe said he is poor and they let him off after 30 minutes of questioning. Joe and his partner are now afraid that if they were to get stopped at another roadblock, they may not be so lucky as to get away with merely a warning to go home the next time.

Key Takeaways

Discriminatory legislation against LGBTQ people enables law enforcement to act with impunity, and deters LGBTQIA+ people from coming forward to make complaints.

What does this have to do with remedies?

There are substantial challenges in expecting people who have experienced harassment by police to report their issues to the same authorities. As such, an independent oversight body for law enforcement agencies is critical

Ending the criminalization of LGBTQ people is necessary in order to both stop human rights abuses and encourage LGBTQIA+ people to report such issues.

Source

• Queer Lapis, “Can the police check your Grindr at a roadblock?” https://www.queerlapis.com/can-police-check-your-grindr/

*Names changed to protect confidentiality