-44 prevention of torture and other cruel, inhuman or degrading treatment or punishment of LGBTI.87 In it, the SPT underlines the link between criminalization relating to sexual orientation and gender identity, and the promotion of torture and ill-treatment in detention towards these groups. It also underlines the role of prejudice at all levels of the criminal justice system, which facilitates a variety of abusive practices. The SPT highlights the need to collect statistical data of this type of bias motivating crimes in detention facilities. The main international document on the protection of LGBTIQ persons are the Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity.88 Unfortunately, to this day the Yogyakarta Principles remain a document endorsed by prominent international experts in the field of human rights, but not by international organizations. For the most part, they reiterate the applicability of basic human rights (e.g. prohibition of torture, inhuman and degrading treatment, freedom from arbitrary detention, and the right to humane treatment while in detention) to LGBTIQ people. Since 2011, when the UN Human Rights Council adopted for the first time a resolution on human rights, sexual orientation and gender identity, the OHCHR collects systematically information on discrimination and abuses against members of this group and provides it to treaty bodies during their periodic reviews, as well as to other human rights mechanisms. In 2016 the Human Rights Council established a thematic mandate of an independent expert on protection against violence and discrimination based on sexual orientation and gender identity. At the CoE level, of key importance is Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity of March 2010. Some of its provisions are directly relevant to the situation of LGBTIQ persons deprived of their liberty. Thus, § 4 of the Recommendation requires that member 87. SPT, Prevention of torture and other cruel, inhuman or degrading treatment or punishment of lesbian, gay, bisexual, transgender and intersex persons, excerpt from the SPT ninth annual report, CAT/OP/C/57/4, 22 March 2016. 88. The revised “Yogyakarta Principles plus 10” of 2017 are available at: http://yogyakartaprinciples. org/wp-content/uploads/2017/11/A5_yogyakartaWEB-2.pdf, accessed 3 October 2020.

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