60 Towards the Effective Protection of LGBTI Persons Deprived of Liberty allegations of targeted violence against LGBTI prisoners. Investigations should properly account for the sexual orientation and gender identity dimensions of all complaints. Transfers between detention facilities and to courts or hospitals are moments of high risk, especially if various detainees are grouped together in the same vehicle. Trans women in particular are exposed to various forms of violence (verbal, physical, and sexual) from fellow inmates during transfers. Adequate protective measures should be undertaken during transfer, but should neither prevent LGBTI detainees from being brought to a court or hospital, nor delay transfers to another facility. Good practice The Prison Rape Elimination Act (PREA) and PREA Standards (USA) The Prison Rape Elimination Act (PREA) was passed in 2003 with unanimous support by the United States Congress. Its purpose is to “provide for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations and funding to protect individuals from prison rape.” The Act led to the creation of the National Prison Rape Elimination Commission, which was charged with developing draft standards for the elimination of prison rape. The “PREA Prisons and Jails Standards47” (published in 2012) include provisions that direct government agencies to pay particular attention to the need to protect LGBTI persons. Among other things, the standards stipulate that the assessment of detainees “during an intake screening and upon transfer to another facility for their risk of being sexually abused by other inmates or sexually abusive toward other inmates” consider “whether the inmate is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming”. The standards also provide that protective custody must be limited in time and not entail the imposition of a harsher prison re- Prisons and Jail Standards, United States Department of Justice Final Rule, National Standards to Prevent, Detect, and Respond to Prison Rape Under the Prison Rape Elimination Act (PREA), 28 C.F.R. Part 115 Docket No. OAG-131 RIN 1105-AB34, May 17, 2012. Available at : https://www.prearesourcecenter.org/sites/default/files/content/prisonsandjailsfinalstandards_0.pdf 47