PRISON POPULATIONS eligible to request a royal pardon.244 However, research in the US has found that early release programmes on compassionate grounds are not in fact widely used for older people. They exclude many prisoners who are not eligible because of the type of sentence or the crime committed, and some only allow release for people who are terminally ill – but lack an efficient process for application and approval, leaving sick prisoners to die before they can complete the process.245 Researchers in the US have identified three key areas of reform: placing older prisoners in facilities designed explicitly to care for them; improving their levels of safety given their vulnerability and risks of victimisation; and promoting their rehabilitation, given that this age group is highly unlikely to reoffend.246 Prison authorities have been slow to recognise and address the needs of elderly prisoners. The ICRC report on ageing and detention concludes that to deliver the kind of reforms required, policymakers need to have explicit strategies – with existing plans and resources falling short of what is required to guarantee basic dignity for older detainees. The report notes that ‘in all likelihood, this would be better achieved by drawing up an official policy framework on the treatment of older people in detention – either as a stand-alone document or as part of a broader policy on ageing’. RECOMMENDATION 12 States need to collect data and information regarding the needs of older prisoners and explicitly address these in strategy and policy documents, with a focus on safety, healthcare needs and rehabilitation. Early release mechanisms should be adopted and used for older prisoners. Lesbian, gay, bisexual, transgender and intersex people There has been progress with regard to the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people over the past few years – but only in some parts of the world. Notably, during 2018, the Supreme Court of India unanimously ruled to decriminalise same-sex relationships and in early 2019, Angola did the same. However, in many places LGBTI people still face widespread stigmatisation and persecution. There are 73 countries – mostly in the Middle East, Africa and Asia – where same-sex activity between consenting adults is illegal,247 and there are still a number of countries where it is subject to the death penalty, including Afghanistan, Iran, Pakistan, Sudan, Saudi Arabia, the United Arab Emirates and Yemen.248 According to the UN Subcommittee for the Prevention of Torture, a clear causal link has been established between the criminalisation of lesbian, gay, bisexual and transgender persons and increased exposure to violence, including by law enforcement, prison staff and healthcare personnel.249 For example, many people have been detained in a new crackdown on gay men in Chechnya,250 and sexual violence – mainly in detention settings – is cited by LGBTI civilians as a primary reason for fleeing the Syrian Arab Republic.251 Both the UN Special Rapporteur on torture and 26 | the Independent Expert on sexual orientation and gender identity have urged states to repeal such laws.252 Data regarding LGBTI prisoners is scarce. Where it is available, it reveals that they tend to be disproportionately imprisoned, even in jurisdictions where same-sex relations and expression of diverse gender identities are not criminalised.253 In prison, LGBTI prisoners are more likely to be sexually victimised, report mental health problems, experience solitary confinement and be subjected to sanctions. They are frequently discriminated against because of their sexual orientation or gender identity and expression, and are harassed and face violence because they do not conform to gender expectations. At the same time they are not actively encouraged to speak out about their experiences, nor do many prison authorities consider their needs. In 2018, the APT produced a guide for monitoring bodies which provides an overview of how authorities should identify patterns of abuse against LGBTI people and proposes measures to prevent ill-treatment and torture.254 In a recent blog for PRI, the APT made the point that: ‘“Don’t ask, don’t tell” policies in prison settings, which essentially demand that LGBTI prisoners “make no noise” and render themselves invisible, is a disturbing one, which not only denies their human dignity but also allows authorities to ignore and avoid their obligations to respect and fulfil these rights.’255  Transgender prisoners are highly vulnerable in detention settings and a number of jurisdictions are starting to respond to this. In 2018, the Israel Prison Service produced a new policy on transgender prisoners that should halt the practice of keeping them in isolation.256 In the US, Connecticut became the first state to give transgender prisoners the legal right to be housed according to their gender identity.257 However, across the US there has been a rollback of LGBTI rights under the administration of President Donald Trump, including removing protections for transgender prisoners.258 RECOMMENDATION 13 Placement decisions for LGBTI prisoners should keep them safe and avoid further marginalisation on the basis of sexual orientation or gender identity. LGBTI prisoners should be given adequate access to medical care and counselling and any protective measures should not restrict their rights. Penal Reform International and Thailand Institute of Justice | Global Prison Trends 2019