A Monitoring Guide
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In some cases, monitoring bodies may have collected anecdotal information about the situation of LGBTI detainees during prior visits
or through allegations and letters received from detainees or family
members. This information should be properly recorded so as to
enable monitors to easily access it when preparing specific visits. It
is important that monitoring bodies use secure systems to ensure
the confidentiality and protection of data.
Reports from NGOs or other oversight bodies and news sources may
help with the mapping of types or specific facilities where discrimination occurs, for example by revealing that a specific police station
may hold a larger number of sex workers, including trans persons,
or that gay asylum seekers have been assaulted in a specific administrative detention facility or reception center.
Data on issues pertaining to sexual orientation and gender identity
in detention settings is generally known to be scarce. It is therefore
important that monitoring bodies attempt to collect all available
relevant information to devise a baseline of the situation, even if
rudimentary. The SPT has urged NPMs, alongside State agencies, to
“collect and publish data on the number and types of incidents of
torture and ill-treatment against lesbian, gay, bisexual, transgender
and intersex persons, and the result of the respective investigations,
as well develop appropriate models of data collection, processing
and analysis35.” Due consideration should be given to the “do no
harm” principle before any data is published.
The ways in which data on sexual orientation and gender identi-
35
Ninth annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 22 March 2016, CAT/C/57/4, para. 75, pp. 15-16.
Chapter II
aware of any legislative or policy documents that either expressly
discriminate against LGBTI persons in detention or, conversely, contribute to the enhancement and protection of their rights (such as
official guidelines on searching trans detainees). It is also important
to determine whether law enforcement agents are trained or sensitized about non-discrimination in general, or on the specific needs
of LGBTI persons in particular.
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