CAT/OP/PAN/1
D.
Lesbian, gay, bisexual, transgender and intersex persons
128. The Subcommittee received reports that gay inmates in the La Joyita prison were
discriminated against by both the authorities and church members. In the La Joya prison,
gay inmates were housed in a wing separate from the rest of the prison population. The
door to the wing, according to information received by the Subcommittee, was kept closed
to ensure their security and prevent the transmission of disease.
129. The Subcommittee reiterates that solitary confinement, isolation and
administrative segregation are not appropriate methods of managing the security of
persons, and can be justified only if used as a last resort, under exceptional
circumstances, for the shortest possible time and with adequate procedural safeguards.
130. With respect to the medical care provided to lesbian, gay, bisexual, transgender and
intersex persons deprived of their liberty, there are many cases in which persons living with
HIV/AIDS receive antiretroviral treatment but have extremely limited access to the prison
doctor. This is problematic because such patients typically need more medical care for
common diseases, from which they are usually slow to recover; moreover, they do not
appear to have the opportunity to consult an infectious disease specialist.
131. The Subcommittee recommends that lesbian, gay, bisexual, transgender and
intersex persons who are incarcerated be provided with the same medical care as their
counterparts in the general population.
132. The Subcommittee recommends that the State party provide human rights
training for prison staff, law enforcement personnel, judges and other State officials to
raise awareness of international human rights standards and principles of equality
and non-discrimination, including in relation to sexual orientation and gender identity.
VII. Repercussions of the visit
133. In accordance with article 15 of the Optional Protocol and the Subcommittee’s
policy on reprisals in relation to its visiting mandate, 11 the Subcommittee calls on the
relevant authorities of the State party to ensure that no one is subjected to reprisals after its
visit. The Subcommittee requests the State party to provide detailed information in its reply
on what it has done to prevent reprisals against anyone who was visited by or met with the
Subcommittee or who provided information to it during the course of its visit.
VIII. Conclusion
134. The Subcommittee hopes that its visit and the present report will mark the
beginning of a constructive dialogue with the State party aimed at ensuring that it
fulfils its obligations under the Optional Protocol in order to achieve the shared goal
of preventing torture and ill-treatment.
135. The Subcommittee recommends that the State party make this report public,
believing this in itself to be a preventive measure. In addition, the Subcommittee
recommends that the State party distribute this report to all the relevant government
departments and institutions.
11
GE.18-12640
CAT/OP/6/Rev.1.
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents