-45 states take appropriate measures to ensure the safety and dignity of all persons in prison or in other ways deprived of their liberty, including lesbian, gay, bisexual and transgender persons and in particular take protective measures against physical assault, rape and other forms of sexual abuse. § 19 requires that member states ensure that personal data referring to a person’s sexual orientation or gender identity are not collected, stored or otherwise used by public institutions - including in particular within law enforcement structures - except where necessary. § 45 recommends that member states ensure that national human rights structures are clearly mandated to address discrimination on grounds of sexual orientation or gender identity. The ECtHR found violations of Articles 3 (prohibition of ill-treatment) and 14 (prohibition of discrimination) in the case of X. v. Turkey of 2012. The applicant was initially placed in a shared cell with heterosexual prisoners. He asked the prison administration to transfer him, for his own safety, to a shared cell with homosexual prisoners. He explained that he had been intimidated and bullied by his cell-mates. He was immediately placed in an individual cell, which was small and dirty. He was deprived of any contact with other prisoners, or social activity. According to the ECtHR, the fears of the authorities that he would be abused could not be said to be totally unfounded. However, even if they made it necessary to take certain security measures to protect the applicant, they do not suffice to justify a measure totally isolating the applicant from the other prisoners.89 Specific standards: • Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity • 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, SPT, CAT/OP/C/57/4, 22 March 2016 • 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, 2010 • Prison systems and conditions, European 89. ECtHR, X. v. Turkey, No. 24626/09, Judgment of 9 October 2012, § 42. Prisoners in a Situation of Vulnerability Parliament

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