WHAT CAN MONITORING BODIES DO? It can also prove useful to map existing practices, whether good (such as the existence of LGBTI prisoners’ groups or consultative fora within places of deprivation of liberty) or whether discriminatory. In 2012, Inspectors of Her Majesty’s Inspectorate of Prisons (one of the bodies constituting the NPM of the UK) participated in a workshop about LGBT prisoners designed to raise awareness about LGBT issues when inspecting places of detention. In small groups, a series of scenarios were discussed in order to identify the main issues and how outcomes for LGBT prisoners could be improved. The scenarios were based on recent prison inspection reports and from the personal experience of a gay former prisoner who helped devise the workshop.76 5. Working methods The monitoring body’s strategy and working methods pursuing the protection of rights of LGBTI detainees require careful deliberation. The need to sensitise the detaining authorities is essential but has to be balanced with the possible exposure of detainees to reprisals, additional abuse, further stigmatisation or sanctions. appropriate, whereas in others it would expose them to an even higher risk of abuse or humiliation. If interviews with LGBTI detainees are conducted, the way monitors select individuals for interviews and the way interviews are conducted requires sensitivity. In some countries, there may be reliable statistics on the LGBTI population, in others such information may be lacking or have been collected in a problematic way. Where the prison authorities are willing to provide information on LGBTI detainees, monitors should exercise caution in using and analysing such data. The way information is gathered (through questionnaires, on perception, based on individual needs assessment etc) and the purpose of collecting such data should be carefully examined, as its compilation and use can also serve discriminatory purposes. With regard to visits, the question arises whether or not the monitoring body should proactively seek to interview LGBTI detainees. During interviews in private monitors need to exercise sensitivity and ensure that questioning is open and nonleading, as detainees may not be confident in identifying themselves as sexual minorities. Whenever a detainee relates any type of abuse or discrimination to his/her sexual orientation or gender identity, monitors require his or her informed consent in order to report the complaint to the authorities, and have to apply caution in their visit report. In the light of the ‘do no harm’ principle,77 monitoring bodies need to adjust their approach to selecting detainees for interviews during visits. In some contexts, requesting of the authority in charge of the place of detention to speak to LGBTI detainees may be Thanks to their visits and their recommendations to the authorities, together with other institutions and actors, monitoring bodies can contribute to the protection of sexual minorities deprived of their liberty from torture, illtreatment, other abuse and discrimination. 76. See Dunn Peter, ‘Slipping off the equalities agenda? Work with LGBT prisoners’, in Prison Service Journal, March 2013, No.206, pp3-10. 77. The ‘do no harm principle’ is the overarching principle that should govern all visits to places of detention. The APT’s practical guide on monitoring places of detention defines it as follows: ‘Detainees are particularly vulnerable and their safety should always be kept in mind by visitors, who should not take any action or measure which could endanger an individual or a group. In particular, in cases of allegations of torture or ill-treatment, the principle of confidentiality, security and sensitivity should be kept in mind. Poorly planned or prepared visits, or visits not conducted in respect of the methodology or of the following basic principles, can actually do more harm than good’, p29 of Monitoring places of detention: a practical guide, APT, 2004. Penal Reform International | LGBTI persons deprived of their liberty: a framework for preventive monitoring | 15