CAT/OP/CHL/1
122. The Subcommittee also recommends that health-care protocols and facilities be
adapted to ensure that detainees who wish to use ancestral knowledge and medicine as
an alternative or in addition to regular treatment may do so.
D.
Lesbian, gay, bisexual, transgender and intersex persons
123. During its twenty-eighth session, the Subcommittee adopted a document setting
forth concerns and recommendations in relation to persons deprived of their liberty who
belong to sexual minorities. Such persons often suffer extreme and multiple forms of
discrimination that may constitute a form of torture or cruel, inhuman and degrading
treatment. There is abundant evidence that the torture and ill-treatment of lesbian, gay,
bisexual, transgender and intersex (LGBTI) persons is an endemic problem, as highlighted
by the United Nations High Commissioner for Human Rights (A/HRC/19/41).
124. During its visit, the Subcommittee heard reports from LGBTI persons of being
subjected to insults, beatings and other degrading treatment at the time of their arrest.
During its visit to facilities in Valparaíso, Antofagasta and Santiago, the Subcommittee
found that gay and transgender persons were housed in a separate unit and were subjected
to discriminatory practices and attitudes and to homophobic and transphobic bias on the
part of the prison administration and other detainees. Unlike the situation that it observed in
other sections of the same facilities, the Subcommittee noted a lack of opportunities for
LGBTI persons to gain access to recreational activities, workshops, employment and
education, with their lack of access allegedly being a consequence of poor behaviour. These
restrictions also lessened their chances of obtaining good behaviour privileges and
conditional release.
125. In Antofagasta, for example, the unit for LGBTI persons lacked heating and was
prone to flooding, which posed health risks for detainees, including people living with HIV,
who have compromised immune systems.
126. The Subcommittee reiterates that solitary confinement, isolation and
administrative segregation are not appropriate methods of maintaining security and
can be justified only if used as a last resort, under exceptional circumstances, for the
shortest possible time and in combination with adequate procedural safeguards (see
CAT/OP/C/57/4, paras. 64 and 78).
127. On the basis of several interviews, the Subcommittee concluded that the authorities
discriminate against individuals based on their sexual orientation or gender identity and in
some places have subjected them to searches in the presence of men, clearly demonstrating
a lack of understanding of the needs of this population. 7 Furthermore, they were not
allowed to bring in women’s clothing or make-up.
128. The Subcommittee is gravely concerned about the nature of the medical assistance
provided to people living with HIV in the unit for gay and transgender persons in the
Valparaíso prison, as noted in a previous paragraph.
129. The Subcommittee is particularly concerned about threats from prison staff of
reprisals against the gay and transgender population in Unit 88 at the privately run prison in
Antofagasta.
130. The Subcommittee recommends that the State party prevent the ill-treatment
and marginalization of LGBTI persons deprived of their liberty, in particular by
ensuring that they have access, without discrimination, to education, workshops,
employment and recreational activities. The Subcommittee also recommends that
training be provided to all prison staff and law enforcement officials on how to
communicate in an effective and professional manner with LGBTI detainees. They
should also be made aware of the international human rights rules and principles
regarding equality and non-discrimination, including in relation to sexual orientation
and gender identity. The Subcommittee calls upon the State party to adopt legislation
7
18
For a better understanding of these needs, see the Yogyakarta Principles on the Application of
International Human Rights Law in relation to Sexual Orientation and Gender Identity.
GE.17-07771
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents