CAT/OP/C/57/4
64.
Even measures that appear to be protective can often operate to the detriment of
individuals. Authorities routinely rely on prolonged periods of protective custody, isolation
or solitary confinement as default forms of protection, 22 but those measures are extremely
taxing on the person and restrict access to education, work and programme opportunities
that affect time off for good behaviour and parole. As a result, lesbian, gay, bisexual and
transgender persons are not only likely to serve their sentences in isolation, but also more
likely to serve longer time.
65.
The Subcommittee has noted with particular concern the situation of complete
abandonment of transgender women and men in detention. At the outset, the absence of
adequate policies and methods of identification, registration and detention has severe
consequences: obtaining precise individual information as to gender identity is vital to
determining proper treatment, including hormone and other treatment associated with
gender transition. In the absence of mechanisms to obtain such information, grave health
consequences ensue.
66.
The lack of institutional policies and methods to adequately address selfidentification, classification, risk assessment and placement leads in some cases to
transgender women being placed in male-only prisons, where they are exposed to a high
risk of rape, often with the complicity of prison personnel. During its visits, the
Subcommittee has learned that transgender persons deprived of their liberty are often
beaten and forced to enact sex scenes in front of fellow inmates, practices that are often
sponsored by guards who charge for viewings. They are also required to shower in the
presence of persons of the opposite gender, are patted down by officers of the opposite
gender, and are sometimes groped with the sole purpose of determining the nature of their
genitalia. The Subcommittee has learned of deaths of transgender women in custody,
including an occurrence of death after anal penetration with a club (see CAT/OP/PRY/1,
para. 214).
67.
Those concerns are also present when deprivation of liberty occurs in other contexts.
For instance, lesbian, gay, bisexual, transgender and intersex migrants often suffer serious
mental health effects of ill-treatment in their country of origin. As mental health treatment
is virtually non-existent in migration facilities, symptoms are often aggravated and
retraumatization often occurs. Those concerns extend to ill-treatment (see
A/HRC/19/61/Add.4, para. 172) and violation of the principle of non-refoulement.
68.
In health-care settings, ill-treatment and torture include denial of gender-appropriate
medical treatment, verbal abuse and public humiliation, psychiatric evaluations,
sterilization, and hormone therapy and genital-normalizing surgeries under the guise of socalled “reparative therapies”. Identifying ill-treatment and discrimination in health-care
settings is particularly important since homosexuality is still treated as a pathology by some
medical professionals, despite the World Health Organization having removed it from the
International Classification of Diseases (ICD-10) in 1992. To date, transgender and intersex
persons continue to be pathologized in medical settings based on medical classifications.
69.
The Committee on the Elimination of Discrimination against Women and the
Special Rapporteur on torture have expressed concern about lesbian, bisexual, transgender
and intersex women as victims of abuse and mistreatment by health-service providers (see
A/HRC/19/41, para. 56). That includes so-called “normalization therapies”, in pursuit of
which members of sexual minorities are said to have been involuntarily confined to medical
institutions and allegedly subjected to forced treatment, including electric shock therapy
22
14
See, for example, European Court of Human Rights, Case of X v. Turkey, application No. 24626/09,
final judgement adopted on 25 May 2013, para. 53.
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