ADDRESSING VULNERABILITIES OF LGBT PERSONS IN DETENTION
of local groups by informing them about the challenges faced by
LGBT persons deprived of their liberty.
Identification of LGBT detainees
Given that interviews in private with detainees constitute the core
element of detention monitoring work, questions arose in relation
to the identification of LGBT persons in the institutions visited. In
this connection, it was considered helpful to distinguish between
LGB and transgender persons, particularly in cases where the latter
are segregated, thus making them immediately identifiable.6 On the
other hand, participants acknowledged the difficulties in identifying
lesbian, gay or bisexual persons based on their allocated placement
within an institution. Even when they are grouped in specific cells or
wings (as is the case in institutions in some countries of the former
USSR), caution was recommended when conducting interviews in
private. In view of the sensitive nature of these interviews and the
particularly high risk of reprisals in some countries, participants
debated the need to identify LGBT persons in the places visited and
concluded that the overriding priority in this respect was to ensure
that NPM action is never prejudicial to detainees, in line with the "do
no harm" principle.
Emphasis was placed on the fact that it is more important for NPMs
to determine whether detainees suffer discrimination and abuse
than to know their sexual orientation or gender identity. As part of
their preventive mandate, participants considered that NPMs should
be able to identify the dysfunctions at the origin of ill-treatment in
order to propose appropriate action, and that this process did not
necessarily require LGBT persons to be identified as such. NPMs
were urged to send a clear message of non-discrimination and
openness on the issue of sexual diversity during their interviews with
detainees. This would have the effect of showing that the NPM cares
about the issues LGBT detainees face in detention, without having
to ask interviewees direct questions about their sexual orientation
or gender identity.
Several NPM members shared their experience of carrying out
interviews with detainees and recommended using open, general
6
It is of course essential to bear in mind that transgender identity is more subtle
than simple physical appearance and not all transgender people necessarily want
to make a visible change in their appearance.
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