A Monitoring Guide
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One-to-one interviews with self-declared or perceived LGBTI detainees may draw unnecessary attention and/or may not be possible, and monitors should consider having interviews with a large
number of randomly selected detainees and addressing the issue
of discrimination and abuse stemming from sexual orientation and
gender identity, among others.
Because of the specific challenges in identifying LGBTI detainees
and risks of harm, interviews may not always be the main source
of information, and other sources of information may be prioritised. Interviewing former detainees, relatives or associations is sometimes a safer way to tackle sensitive issues. It is also crucial that
all data is treated confidentially and that this is clearly explained
to detainees.
It is important to stress that one cannot assume a person is LGBT on
the basis of their appearances and demeanours. “Effeminate” men
or “masculine” women are not necessarily gays or lesbians and, conversely, heterosexual persons may not dress, behave, and present
themselves according to heteronormative social expectations. Gender-based expectations and terminologies related to sexual orientation and gender identity can also greatly vary depending on culture and context. What is ultimately important for monitors is not to
know detainees’ sexual orientation or gender identity, but rather to
enquire into and identify any forms and patterns of discrimination
based on sexual orientation, gender identity and expression, or sex
characteristics that may be conducive to torture or other ill-treatment. Monitors should be aware that many LGBTI detainees have
experienced discrimination and trauma and might perceive some
questions, or their formulation, as offensive or intrusive. In any
case, detainees should never be or feel pressured by monitors to
disclose their sexual orientation or gender identity. Monitors should
Chapter II
tell monitors who among detainees are considered to be LGBTI, but
monitors should exert caution when enquiring about the presence of LGBTI detainees in the establishment, unless this question is
raised alongside others pertaining to specific categories of detainees. Understanding power structures and informal hierarchies within
places of deprivation of liberty is also very important to preventing
reprisals following interviews.
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