A Monitoring Guide
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The taboos around sexuality prevailing in most prisons, coupled
with cultures of hyper-masculinity, contribute to the lack of differentiation between consensual and non-consensual sex. Sexual victimisation of detainees therefore tends to remain invisible, while
the rate of underreporting is understood to be very high. The Special
Rapporteur on Torture has noted that “fear of reprisals and a lack
of trust in the complaints mechanisms frequently prevent [LBGTI]
persons in custody from reporting abuses”.46 Allegations of homophobic and transphobic bullying and violence should be efficiently
investigated, in order for detainees to have confidence in the reporting process. In many contexts, detainees do not report acts of violence for lack of trust in the complaints mechanisms and the justice
system as a whole, as well as for fear of reprisals. This underreporting not only makes violence against LGBTI detainees less visible,
but can also turn against detainees, who may not have evidence
such as medical certificates or testimony if they decide to lodge a
complaint later on. It may also reinforce State authorities’ conceptions that LGBTI detainees do not face particular problems in detention and that specific measures for their protection are therefore
not required.
Even when acts of violence against an LGBTI detainee are sanctioned by authorities, their gender dimensions may not be adequately accounted for, thus diminishing their gravity. Monitoring bodies
should check whether authorities have put in place a comprehensive anti-bullying strategy to reduce and eliminate incidences of
inter-prisoner violence and intimidation, including those directed
against LGBTI detainees. Such a strategy should include systematic
recording of all such incidents and adequate investigations into all
Report of the UN Special Rapporteur on Torture and other cruel, inhuman or degrading treatment
or punishment to the UN Human Rights Council, A/HRC/31/57, 24 February 2016, para. 35, p. 10.
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Chapter III
intentional beatings of the breasts to burst implants, being forced
to enact sexual encounters scenes in front of fellow inmates (sometimes sponsored by guards who charge for the “viewing”), and gang
rapes. As a first step to ensure protection of and respect towards
trans detainees, authorities should ensure that they are registered
and addressed by their chosen names (sometimes called “social”
names), corresponding to their self-identified gender, and allocated
accordingly (see below, “Allocation and detention regime”).
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