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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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