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not only where they themselves practice or condone them, but also when
they transfer prisoners to other jurisdictions without ensuring that their
human rights will not be violated.
Important as it is, monitoring the rights of prisoners in situations of
vulnerability is a serious challenge. Some persons and groups in a situation
of vulnerability are difficult to identify in the course of the monitoring
and to talk to, because of the stigma associated with their identity (e.g.
LGBTIQ persons or some ethnic minorities) or with their crime (e.g. sex
offenders). The stigma, which is often internalized, prevents vulnerable
prisoners to share experiences and to talk about the root causes of their
problems. This is particularly the case where the monitor visits rarely
and is perceived as a “foreigner” to the system by the prisoners. The
NPM monitors are sometimes perceived as government officials and this
creates mistrust and suspicion, especially among vulnerable individuals
who perceive representatives of the government as sources of their
problems, or as accomplices of abuses of non-state actors. In some
cases, the difficulty stems from the lack of appropriate expertise with in
the monitoring team, especially where it has to assess the treatment of
persons with specific conditions (e.g. mental or psycho-social disabilities).
Monitoring the treatment of foreign prisoners, whose number has grown
in EU member states, poses communication challenges, and associated
problems with establishing trust and rapport with these extremely
vulnerable individuals. Monitoring the rights of women and juvenile
prisoners is another challenge due to the need of specific expertise and
perspective in the monitoring team.
3.3. Monitoring in practice
Monitoring of the rights of persons in a situation of vulnerability in prisons
has a long history in Europe. At present, it is carried out by different
monitoring bodies. We can distinguish three types of groups: official
inspection and investigative bodies, national human rights institutions
and non-governmental organizations. Each one of them adopts a specific
approach. The latter depends on a variety of factors, including the aims,
the monitors’ powers and their perception by the detainees. Each approach
has its strengths and its weaknesses. The strength of official bodies is in
Prisoners in a Situation of Vulnerability
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