JEAN-JACQUES GAUTIER NPM SYMPOSIUM 2015
questions about the sexual orientation of detainees would be
considered a violation of the right to privacy and personal data
protection. Symposium participants concluded that such a practice
could be counter-productive in countries characterised by their
deep-rooted intolerance of sexual and gender diversity. In such
contexts, detainees would not feel free to reveal their sexual
orientation, even anonymously to the NPM, for fear of exposing
themselves to reprisals.
United Kingdom: the use of questionnaires prior to visits
The Inspectorate of Prisons for England and Wales (part of the UK
NPM) has a practice of distributing questionnaires to detention
facilities prior to visiting them. These anonymous questionnaires
cover various issues - including sexual orientation - and serve
to gain an overview of the detainee population in a given
institution. The questionnaires are then collected and reviewed
by the Inspectorate which conducts statistical analysis, enabling
prior identification of problems and issues that can be further
examined during visits.
France: Detainee correspondence as a source of information
The French NPM collects valuable information from detainee
correspondence (saisine). This enables the NPM to learn more
about current problems faced by detainees. It is thanks to this
information source that the Contrôle général des lieux de privation
de liberté (CGLPL) became aware of the difficulties faced by
a transgender detainee and began to address this problem.
Individual situations described in detainee correspondence not
only allows the NPM to follow up on specific cases but also to
obtain a general overview of malfunctions and problems existing
in places of deprivation of liberty prior to visiting them.
Dialogue with civil society organisations active at grassroots level
was identified as central to the preparation of visits. Initial contact
with experts on LGBT issues, or with local NGOs, was viewed as a
potentially unique opportunity for NPMs to collect information on
the LGBT population. In parallel, NPMs could contribute to the work
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