68 Towards the Effective Protection of LGBTI Persons Deprived of Liberty Case law European Court of Human Rights, X. v. Turkey (2012) The European Court of Human Rights set a significant precedent in a ruling against Turkey, concerning a Turkish citizen who spent nearly 10 months in solitary confinement. The measure was ordered by the prison authorities after the applicant complained about homophobic intimidation and harassment by fellow detainees with whom he shared a collective cell. In addition to being isolated in a small and dirty seven square meter cell, the applicant was denied access to fresh air and exercise, and his social contacts were limited to his meetings with his lawyer. For the first time, the Court found that a complaint related to discrimination based on sexual orientation yielded a violation of article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention of Human Rights, in conjunction with article 14 (prohibition of discrimination). With this ruling, the Court sanctioned the principle that solitary confinement on the basis of sexual orientation is discriminatory, even if it is intended to be a protective measure. Allocation of trans detainees in either male or female facilities Because prisons are governed by the principle of separation on account of sex and therefore conceived of as binary environments, trans persons generally have no option but to be allocated to either male or female facilities. Placement is commonly done on the basis of detainees’ genitalia and does not take into consideration their self-identified gender, or the fact that trans identities can fluctuate. Even in countries with liberal gender recognition laws, significant gaps exist between law and practice. As a result, in many prisons trans detainees continue to be detained in male or female facilities on the basis of the sex assigned at birth, where they are extremely vulnerable to abuse. For example, trans women in some cases are coerced into giving sexual favors in return for the protection of the prison staff. There are reported instances of trans women being purposefully placed in cells with known sex offenders. Furthermore, detainees who start transitioning while in detention often face not only hostility from prison authorities, but also additional hindrances stemming from their deprivation of liberty, notably in accessing appropriate healthcare services and support. Consultations with de-