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Towards the Effective Protection of LGBTI Persons Deprived of Liberty
Can detainees promptly notify relatives or other third parties
about the fact of detention following arrest? Are narrow interpretations of who constitutes “next of kin” that prevent LGBT
detainees from notifying the person of their choice, used?
2. Police detention
Police stations are typically not intended or designed to hold detainees for periods longer than 24 to 48 hours, and are therefore not
suitable for lengthy detention. Material conditions in most stations
are basic, with the infrastructure limited to a bare minimum. Police
detention quarters and cells should nevertheless have natural light
and ventilation, and detainees should be provided with mattresses
and blankets if they spend a night or more in a police cell. If there
are no toilets in the cell, access should be otherwise provided without any delays. Toilet facilities should be in decent conditions and
detainees ought to be provided with adequate means to wash themselves. Drinking water should be made available at all times and
food, including at least one hot meal per day, should be offered at
appropriate times. If police detention lasts for more than 24 hours,
outside exercise should be offered on a daily basis.
The size and configuration of police stations vary significantly, and
the detention area can range from single occupancy cells to large
quarters comprised of many cells, either collective or individual.
In collective cells, LGBTI persons face a risk of violence from fellow
detainees, even when custody is limited to 24 hours. Trans women
are particularly exposed to violence if they have to share a cell with
men. As in prisons, trans women risk being held in collective cells on
the basis of the sex assigned at birth, without consideration being
given to their self-identified gender. If release from detention is not
possible, single occupancy cells are therefore preferred for trans
women. Police stations, including the detention areas, are sometimes equipped with CCTV. Monitoring bodies should be aware that
areas not covered by CCTV might be precisely where abuse are more
likely to occur.
Police stations are sometimes used to house detainees for much
longer periods than the maximum duration contemplated by natio-
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