72 Towards the Effective Protection of LGBTI Persons Deprived of Liberty or excluding persons on the basis of their sexual orientation or gender identity. At the same, the regulation stipulates that in order to protect their life and integrity, LGBTI persons are to be consulted by the prison administration about the possibility of having access to safe and dedicated areas solely intended for their protection (Art. 36, para. 4). In Argentina, trans women formerly were not able to access semi-open regimes when approaching the end of their prison term (as part of a progression in regimes towards successful release), on the alleged grounds that their security could not be guaranteed. Following a recommendation by the Federal Ombudsman of Prisons issued in 201358, one of the houses of the colony of Ezeiza (a semi-open prison) was reallocated for the purpose of accommodating trans women and travesties only, whereby ensuring their access to a progressive semi-open regime on an equal basis with other detainees. Trans women and travesties can therefore benefit from temporary leave and adequately prepare their release. ! Worrying trend Special prisons for bisexual, gay, and/or trans detainees A couple of countries publicly announced plans to build (or reallocate) entire facilities for gay and/or trans detainees only. Turkey, whose government was forced to pay serious attention to the treatment of gay and trans detainees following a ruling by the European Court of Human Rights in 201259, plans to build what has been labelled as “pink prison” in the city of Izmir60, for the alleged protection of gay and trans detainees. Serious concerns were raised by civil society organisations and academics, which had not been consulted at all in the process. At the time of writing, the prison had bot been built. Even if the goal of building dedicated facilities for LGBTI detainees is allegedly to ensure their protection from harassment and violence from fellow inmates, the use of such facilities is likely to lead to further exclusion, isolation, and alienation. Specifically designed facilities do not guarantee that detainees will be protected from violence, particularly abuse by staff members. Furthermore, the stigma attached to persons Procuración Penitenciaria, Recomendación N° 790, EP 68, 15 de marzo de 2013. European Court of Human Rights, X. v. Turkey (2012). 60 See in particular, The rumours of opening an LGBTI prison in march and our requests from the Ministry of Justice, TCPS Press Release 23, 21 March 2018. 58 59