JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2015
questions on detainee rights, including access to health care
and activities, when conducting them. This approach can help to
establish a level of trust, making detainees more disposed to reveal
the difficulties they may encounter, including those related to their
sexual orientation or gender identity.
France: The importance of visit duration
The French NPM is notable for the long duration of prison visits
conducted by its multidisciplinary teams (one to two weeks
depending on the prison size). Thanks to the length of time it
spends in the places it visits, the NPM has observed that both
detainees and prison staff tend to be more open and inclined
to share information with members of its monitoring team.
The long visits help create a climate of trust, conducive to
information gathering, including among LGBT persons who have
been victims of abuse or discrimination and are more willing to
confide in the monitoring team.
Monitoring team composition
Even though it is imperative that monitoring teams are as
interdisciplinary and diverse as possible their composition cannot
include every type of minority, especially in the case of NPMs
with limited human resources.7 However, it was stressed that the
involvement (in one form or another) of LGBT persons within the
NPM can be beneficial, for example by better enabling dialogue with
LGBT detainees during visits
The establishment of a team dealing specifically with gender and
sexual diversity issues requires resources and capacities NPMs do not
necessarily possess. As an alternative, NPMs could designate a "focal
point" responsible for communicating and exchanging information
with LGBT experts and local NGOs, and for sharing relevant
information with team members. In addition, the establishment of a
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The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment is very clear on this point (Art. 18.2): “The
States Parties shall take the necessary measures to ensure that the experts of the
national preventive mechanism have the required capabilities and professional
knowledge. They shall strive for a gender balance and the adequate representation
of ethnic and minority groups in the country.”
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