JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2015
This means that they are treated in a discriminatory manner by their
fellow prisoners who may, for example, refuse to share common
areas with them (for example, during meals), use insulting language,
and generally humiliate and abuse them in many different ways. The
violence against LGBT persons may take more severe forms. It may
for instance involve the violation of their physical and sexual integrity
(through sexual assault or rape, for example). This underscores the
importance for NPMs to be vigilant and even proactive on these issues.
Is the separation of LGBT detainees from other
prisoners the solution?
To prevent abuse, the management of places of deprivation of
liberty must act to ensure the protection of groups in situations of
vulnerability, including LGBT detainees. Various measures, including
the separation of LGBT detainees from the rest of the prison
population, were discussed as ways of ensuring their protection.
Although no solution emerged as ideal, various practices were
outlined and discussed, starting with solitary confinement (which
entails placing a person in a single cell for 22 hours or more a day).
This measure was denounced by participants as a violation of
several fundamental rights (in particular by depriving the detainee
concerned of almost all social contact), and as a measure that, if
prolonged, may be a form of torture. In practice, however, such
measures are adopted in some institutions when authorities, faced
with isolated cases of threats against LGBT persons, find no other
means to ensure their protection.
Symposium participants also discussed another measure sometimes
applied to protect LGBT detainees, involving their placement in
a special wing reserved for people considered vulnerable. This
measure targets various types of detainees, ranging from those
with physical or mental disabilities to sexual offenders. Because
of the diversity of situations of vulnerability and the stigma that
such a measure may provoke, it was agreed that it should be used
with caution and only implemented with the consent of the person
concerned. It was agreed that the placement of an individual in such
a special wing should not also be accompanied by a reduction in
the level of their conditions of detention. In many cases, however,
the special quarters allocated to vulnerable people effectively
disadvantage those placed there because they have reduced access
14
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents