Stonewalled: Police Abuse and Misconduct Against Lesbian, Gay and Transgender People in the U.S.
Key Recommendations of the Report
As a first step in addressing the human rights concerns raised in the report, AI is calling on police departments across the country to sign a pledge affirming their commitment to combat discrimination and violence against LGBT people. In addition Amnesty International is calling on police departments to follow the following recommendations:
- Amnesty International is calling on police departments around the country to:
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- Send a clear message to law enforcement personnel that police
abuse - including torture or ill-treatment - of LGBT people will not be
tolerated and ensure that all allegations and reports of police
abuse and misconduct are thoroughly and impartially investigated.
- Ensure the safety of LGBT individuals while in detention.
This should include providing safe housing (detention facilities) appropriate
to transgender individuals. The individual's assessment should be central,
if not necessarily determinative, as to where they should be housed. Administrative
segregation in police custody should avoid further marginalizing LGBT
people, or placing them at further risk of torture or ill-treatment.
- Enforce clear guidelines requiring law enforcement officials
to report abuses. This should include bringing to justice those
who cover up or fail to report abuses.
- Integrate human rights standards, including those on law enforcement,
and LGBT-sensitivity training in police training curriculums.
Training must be provided to all ranks and given at periodic intervals.
Curriculums should be developed in collaboration with the LGBT community.
The impact of training should be evaluated regularly.
- Establish strict protocols and supervision for conducting undercover
operations. Such protocols should preclude entrapment.
- Establish effective, straightforward and accessible complaint
procedures. This should include ensuring that complaint procedures
are displayed prominently at all police stations, providing language accessible
materials relevant to the communities, accepting anonymous complaints,
and protecting from intimidation those who file complaints against officials.
- Work proactively with LGBT communities. This includes maintaining an effective consultative relationship with relevant LGBT activists and organizations, reaching out to marginalized communities, and recruiting a diverse force to include LGBT officers.
- Send a clear message to law enforcement personnel that police
abuse - including torture or ill-treatment - of LGBT people will not be
tolerated and ensure that all allegations and reports of police
abuse and misconduct are thoroughly and impartially investigated.
- Amnesty International is calling on federal authorities to:
-
- Collect data about the incidence of police abuse and misconduct at the
local, state, and federal levels, and monitor patterns of misconduct for
the purpose of directing federal resources toward redressing these.
- Establish a national database of officers dismissed for misconduct so
that they cannot transfer from one jurisdiction to another.
- Provide resources and technical assistance to state and local law enforcement agencies to improve their complaint procedures, internal discipline and training programs.
- Collect data about the incidence of police abuse and misconduct at the
local, state, and federal levels, and monitor patterns of misconduct for
the purpose of directing federal resources toward redressing these.
- Amnesty International is also calling on city and state officials in Chicago, IL, Los Angeles, CA, New York City, NY and San Antonio, TX to:
- Establish effective, independent oversight bodies with
powers to investigate, review complaints against police, and to issue
detailed public reports.
- Make public the outcome of all administrative and disciplinary
investigations promptly.
- Establish effective monitoring and tracking systems of complaints,
including early warning systems to identify officers and patterns of abuse,
including racial bias, or bias based on sexual orientation or gender identity
or expression.
- Undertake collection of comprehensive data on "hate
crimes" based on sexual orientation or gender identity or expression,
and regularly publish detailed and comprehensive statistics.
- Review and amend all morals regulations, such as "lewd
conduct" statutes to ensure that they are not discriminatorily enforced.
This should include making explicit and specific which conduct is prohibited,
and requiring the strict monitoring and oversight of enforcement practices.
- Take affirmative steps to ensure the equal enjoyment of economic, social and cultural rights by LGBT people. This includes asking authorities, where relevant, to pass legislation prohibiting discrimination based on sexual orientation and gender identity or expression, and for those cities and states that have passed such legislation, to implement them. In addition, AI is asking government officials to support initiatives addressing the obstacles faced by LGBT people, particularly young LGBT and transgender people, in realizing their rights to adequate housing and access to appropriate health services.
- Establish effective, independent oversight bodies with
powers to investigate, review complaints against police, and to issue
detailed public reports.
