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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
ty in general, and to more specific topics in particular. If supported
by a communications strategy, they can attract more media coverage
and attention, and contribute to setting the terms of public and policy debates on important issues.
It is essential for monitoring bodies to apply the “do no harm” principle not only to the conduct of visits, but also to the way they draft
reports, and particularly by ensuring that the names of the persons
concerned do not appear in published documentations. They should
also strive to guarantee that persons referenced in a report will not
be easily identified, even though this might be difficult if only a few
individuals are mentioned by the findings. In some contexts, bringing attention to specific groups may also be a way to enhance their
protection. In all cases, monitors should always seek the consent
of detainees before publishing information that may lead to their
identification. Monitoring bodies should also have clear rules and
procedures regarding data management and data protection, as well
as secure filing systems.
Particularly when raising issues related to the situation of LGBTI persons deprived of liberty, which in some contexts may be met with
some resistance from authorities, monitoring bodies should make
the best use of international standards, reports from international
and regional monitoring bodies, recommendations from UN special
procedures, as well as treaty bodies’ concluding observations and
communications, in order to reinforce their arguments and recommendations.
Good practice
NPM visits and thematic reports focusing on the
situation of LGBTI detainees
Following a visit to the prison of Gorizia, in Northeast Italy, the Italian
NPM (Garante nazionale dei diritti delle persone detenute o private della
liberta personale) published a visit report42 highlighting the specific situation of gay and trans detainees. The visit was prompted “by specific
42
Il Garante Nazionale dei diritti delle persone detenute o private della libertà personale, Rapporto
sulla visita alla Casa circondariale di Gorizia, 17 maggio 2016.
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