A Monitoring Guide 71 Good practice (II) Prison policies for the allocation of LGBT detainees In the UK, Prison Service Instruction 17/201656 (The Care and Management of Transgender Offenders) came into force in January 2017. According to this instruction issued by the National Offenders Management Service, which replaced an outdated policy from 2011, arrangements must be in place to determine the legal sex of all offenders during the initial assessment. During this initial point of contact, trans detainees must be asked their views on which part of the prison estate best reflects the gender with which they identify. Where a trans detainee wishes to be allocated in part of the prison estate that is not in accordance with their legal sex, the decision is made via a local “Transgender Case Board”, on a case-by-case basis. This new policy deliberately uses the term “transgender” rather than “transsexual” and acknowledges that some offenders may have a more fluid or neutral approach to their gender identity. In Colombia, the General Regulation on Correctional Establishments57 explicitly prohibits the creation of special units aimed at segregating 55 See: Inter-American Commission on Human Rights, Hearing on the situation of LGBT persons deprived of their liberty in Latin America, 23 October 2015: http://www.apt.ch/en/news_on_prevention/inter-american-commission-discusses-situation-of-lgbt-people-in-detention/#.WMu5TRTYHs0, as well as Procuración penitenciaria de la Nación , La situación de los derechos humanos en las cárceles federales de la argentina, informe anual 2014: http://www.ppn.gov.ar/sites/default/ files/INFORME%20ANUAL%20PPN%202014_0.pdf 56 UK National Offender Management Service (NOMS), The Care and Management of Transgender Offenders, 1 January 2017. 57 Resolución 006349 Por la cual se expide el Reglamento General de los Establecimientos de Reclusión del Orden Nacional-ERON a cargo del INPEC, 19 Dic. 2016. Chapter III obtained the right to be placed under house arrest after being subjected to insults, threats, and beatings by prison guards. She also suffered severe burns while in prison and did not receive proper medical treatment. Furthermore, the prison authorities had failed to provide her with the adequate medical care required by her HIV-positive status. The judicial decision granting house arrest recognized her unique vulnerability as a trans person in prison. Additionally, the judge exhorted the penitentiary services to develop programmes and take action and measures to ensure that detention avoids further marginalisation of individuals on the basis of their gender identity. The judgement makes direct reference to Yogyakarta Principles 9 and 1055.