-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
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