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. 23

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