Integrating the Issue of Sexual and Gender-Based Violence in Detention Monitoring
8. MONITORING RISK IN
SPECIFIC SITUATIONS
This chapter identifies situations that pose a high risk of SGBV and suggests specific
areas for monitors to focus on in their preparatory research and during facility visits and interviews. Each focus area includes a set of suggested questions to relevant
stakeholders that monitors could consider incorporating into their existing monitoring tools. Additional suggestions focusing on specific at-risk groups are included,
where relevant.
8.1 Interactions with Police: Stop, Arrest and Detention
Detainees are often at their most vulnerable to SGBV during arrest, transfer and in
the immediate period following their arrest. Even when not in formal custody, there
can be periods of time in which authorities de facto detain individuals as suspects or
witnesses, and might subject them to SGBV.
This period of detention is also one of the most difficult to monitor, given the many
different locations where abuse can occur, and because contact with the outside world
is generally more restricted during this initial period of detention.
SGBV can occur at the point of apprehension, and before a formal arrest has been
made, including in a detainee’s home, during transfer or in the place of custody itself.
During this stage of detention, suspects are more likely to be alone with the arresting
authorities. They may also be in locations where there are no CCTV cameras, audio recording devices or witnesses to any abuse. Detainees are also at risk of SGBV and other
abuse when they are released from custody, particularly if police want to threaten or
otherwise intimidate them.
Detainees in police custody also have less recourse to complaints mechanisms, or are
unlikely to complain while still in police custody, due to their particular vulnerability,
and to the fact that they are often only detained for short periods. In addition, those
who are never formally charged with an offense may choose not to report abuse, for
fear of retaliation.
Because police custody should be short-term only, there are often no detailed, individualized risk or needs assessments to determine with whom a person should be
detained. In addition, in police stations and other temporary places of deprivation of
liberty, there are usually fewer support mechanisms in place for those who may be at
risk, or for likely perpetrators of violence.
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