78 Towards the Effective Protection of LGBTI Persons Deprived of Liberty Attorney General65 that an intersex detainee was subjected to inhuman and degrading treatment, and awarded the plaintiff with financial reparations. The detainee, who had been sentenced to death for the capital offence of “robbery with violence,” was held in a male facility. In the prison, he shared cells with fellow inmates and was at times placed in isolation because of the mockery and abuse he was suffering. The detainee filed a complaint arguing that instead of being placed in a male prison, he should have been held in a separate location where he could receive support from specially trained staff. The Court found that although his situation was unique, creating a prison solely for him would have been impracticable. However, the Court found that the detainee had been subjected to inhuman and degrading treatment, because he was purposefully exposed in the nude by prison guards and subsequently mocked by fellow detainees, and was subjected to humiliating and invasive body searches that were “motivated by an element of sadism and mischievous curiosity, to expose the petitioner’s unusual condition”. The court found that the exposure of the detainees’ genitalia in the presence of others was “cruel and brought ridicule and contempt,” and awarded the detainee with financial reparations. Monitoring checklist Is there any indication that LGBTI detainees are disproportionally targeted for body searches or that searches are conducted for purposes other than to ensure order and security in the facility? Is there any indication that LGBTI detainees are discriminated against or abused, either verbally or physically, during body searches? Is there any indication that searches are used for the purpose of assigning gender or sex based on anatomical characteristics? Is there a policy governing searches of trans and/or intersex detainees? If so, is the policy non-discriminatory in its purpose 65 Richard Muasya v. the Hon. Attorney General, High Court of Kenya, Petition NO.705 OF 2007: https:// www.icj.org/sogicasebook/richard-muasya-v-the-hon-attorney-general-high-court-of-kenya-2-december-2010/