53
circumstances” following the opening of a special unit for gay detainees
in September 2015. The unit was equipped to host up to 17 detainees
coming from various prisons of the region. In its report, the NPM was
critical of the unit for various reasons. First, and while recognising that
the authorities had consulted with NGOs working on LGBTI issues ahead
of opening the unit, the NPM expressed concern about the risk of further
isolation and stigmatisation of gay detainees, who were in danger of
being held in a “world apart”. The NPM was also very critical of the fact
that one detainee had remained in a situation of de facto solitary confinement for two and a half months. In its report, the NPM recommended
the undertaking of a review of the policy that led to the establishment
of such a unit, with the aim of providing equal treatment and conditions
for all detainees, and suggested the establishment of a working group to
identify ways forward. As a result, the Ministry of Justice decided to close the unit and to allocate gay detainees to other prisons in the region.
The report helped bring visibility to the issue, and was echoed in NGO
statements and the media.
In 2010, the French NPM (Contrôleur général des lieux de privation de
liberté) published an opinion on the care and management of trans prisoners43. In what can be considered a short thematic report, the NPM
addressed the issue on the basis of various testimonies gathered from
detainees through letters and of on-site visits. The opinion includes the
following recommendations regarding the care of trans detainees: enable them to benefit from access to a clearly identifiable specialist healthcare team throughout the care pathway; ensure the provision of adequate information and support; ensure respect for their physical integrity
without resorting to solitary confinement; and guarantee their rights to
intimacy and privacy. The opinion has gained attention from the media
and set the terms for relevant discussion on this issue.
In 2016, the Local Preventive Mechanism (LPM) of Rio de Janeiro (part
of the National System to Prevent and Combat Torture in Brazil) issued
a thematic report44 on “Women and girls deprived of liberty in Rio de
Janeiro,” which includes a separate chapter on “transsexual and travesti”
detainees. The report was primarily based on a visit to the penal es-
Opinion of 30th June 2010 concerning the care and management of transsexual prisoners, Opinions
and Recommendations of the French ‘Contrôleur général des lieux de privation de liberté’, 2008 2014, CGLPL and APT, 2014, pp. 47-52.
44
Mecanismo Estadual de Prevenção e Combate à Tortura do Rio de Janeiro, Mulheres, Meninas e
Privação de Liberdade no Rio de Janeiro, ALERJ, Rio de Janeiro 2016.
43
Chapter II
A Monitoring Guide
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