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The resolution “urges States to end all acts of violence and abuse, whether committed by State or non-state actors, including by … prohibiting and punishing all forms of violence including those targeting persons on the basis of their imputed or real sexual orientation or gender identities.”[209] Commissioner Lawrence Mute, a member of the African Commission and the chair of the Committee for the Prevention of Torture in Africa, told Human Rights Watch that in his view, forced anal exams fall under the resolution’s purview as a form of violence, and that member states should take immediate steps to prohibit their use.[210] In addition to being cruel, inhuman and degrading, anal exams represent a breach of criminal suspects’ rights to privacy and physical integrity that would not be justifiable even if the exams did not constitute cruel, inhuman, and degrading treatment.[211] States do have some latitude to legitimately intrude upon those rights during bodily searches carried out pursuant to a criminal investigation—including for example by subjecting some criminal suspects to mandatory DNA testing.[212] But such actions must be justified by, and proportional to the importance of, a legitimate state interest
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