– Equal protection of the law As a result of the stigma attached to issues of sexual orientation and gender identity, physical violence against lesbian, gay, bisexual and transgender people frequently goes unreported. When it is reported, prejudice within State agencies often means that it is not formally documented or investigated and therefore ultimately goes unpunished. Even when such matter are investigated and come before the courts, societal prejudices continue to arise. As was noted by the UN Special Rapporteur on the Independence of the Judiciary: Transvestites, transsexuals and homosexuals are also frequently the victims of violence and discrimination. When they turn to the judicial system, they are often confronted with the same prejudices and stereotypes they face in society at large. 79 The experience of lesbian, gay, bisexual and transgender persons is that the application of criminal laws protecting an individual’s physical and emotional integrity, the administrative policies and practices associated with the investigation of such offences, and the judicial procedures that determine criminal liability often conspire against their rights to equality before and equal protection of the law. International human rights law requires that such laws be implemented in a manner that respects the rights and dignity of all members of society, regardless of their sexual orientation or gender identity. – Arbitrary detention, torture and inhuman or degrading treatment or punishment As was mentioned above with regard to criminal laws, there are documented accounts in many jurisdictions of police and security forces using vagrancy, public nuisance, national security, public morality, obscenity, indecency and public order laws to detain, harass and intimidate persons of diverse sexual orientation and gender identity. During detention, and often after their release, lesbian, gay, bisexual and transgender persons face torture and ill treatment at the hands of State authorities as well as non-State actors. The targeting of persons of diverse sexual orientation and gender identity has been documented by the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, who states that: most of the victims of arbitrary detention, torture and inhuman conditions of detention are usually ordinary people who belong to the poorest and most disadvantaged sectors of society, including . . . gays, lesbians, bisexuals, transgender persons . . . 80 The gravity and seriousness of these forms of rights violations was most recently recognised by the Delhi High Court in Naz Foundation vs. NCR Delhi. 81 The Court listed instances of harassment and ill treatment and noted that lesbian, gay, bisexual and transgender persons are forced to live their lives in the shadow of harassment, exploitation, humiliation and cruel and degrading treatment at the hands of the law enforcement machinery. 82 79 Report of the Special Rapporteur on the independence of judges and lawyers, Mr. Leandro Despouy, http://daccess-ddsny.un.org/doc/UNDOC/GEN/G05/111/67/PDF/G0511167.pdf?OpenElement accessed on 3 May 2010. 80 Interim Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, A/64/215, 3 August 2009. 81 Naz Foundation v. NCT Delhi, op. cit. paras 20-22. 82 See Naz Foundation v. NCT Delhi, op. cit. para 52 ACJ Report: Human Rights, Sexual Orientation and Gender Identity 27