WHAT CAN MONITORING BODIES DO?
It can also prove useful to map existing practices,
whether good (such as the existence of LGBTI prisoners’
groups or consultative fora within places of deprivation
of liberty) or whether discriminatory. In 2012, Inspectors
of Her Majesty’s Inspectorate of Prisons (one of the
bodies constituting the NPM of the UK) participated in
a workshop about LGBT prisoners designed to raise
awareness about LGBT issues when inspecting places
of detention. In small groups, a series of scenarios
were discussed in order to identify the main issues and
how outcomes for LGBT prisoners could be improved.
The scenarios were based on recent prison inspection
reports and from the personal experience of a gay former
prisoner who helped devise the workshop.76
5. Working methods
The monitoring body’s strategy and working methods
pursuing the protection of rights of LGBTI detainees
require careful deliberation. The need to sensitise the
detaining authorities is essential but has to be balanced
with the possible exposure of detainees to reprisals,
additional abuse, further stigmatisation or sanctions.
appropriate, whereas in others it would expose them to
an even higher risk of abuse or humiliation. If interviews
with LGBTI detainees are conducted, the way monitors
select individuals for interviews and the way interviews
are conducted requires sensitivity.
In some countries, there may be reliable statistics on
the LGBTI population, in others such information may
be lacking or have been collected in a problematic
way. Where the prison authorities are willing to provide
information on LGBTI detainees, monitors should
exercise caution in using and analysing such data.
The way information is gathered (through questionnaires,
on perception, based on individual needs assessment
etc) and the purpose of collecting such data should be
carefully examined, as its compilation and use can also
serve discriminatory purposes.
With regard to visits, the question arises whether or not
the monitoring body should proactively seek to interview
LGBTI detainees.
During interviews in private monitors need to exercise
sensitivity and ensure that questioning is open and nonleading, as detainees may not be confident in identifying
themselves as sexual minorities. Whenever a detainee
relates any type of abuse or discrimination to his/her
sexual orientation or gender identity, monitors require his
or her informed consent in order to report the complaint
to the authorities, and have to apply caution in their visit
report.
In the light of the ‘do no harm’ principle,77 monitoring
bodies need to adjust their approach to selecting
detainees for interviews during visits. In some contexts,
requesting of the authority in charge of the place
of detention to speak to LGBTI detainees may be
Thanks to their visits and their recommendations to the
authorities, together with other institutions and actors,
monitoring bodies can contribute to the protection of
sexual minorities deprived of their liberty from torture, illtreatment, other abuse and discrimination.
76. See Dunn Peter, ‘Slipping off the equalities agenda? Work with LGBT prisoners’, in Prison Service Journal, March 2013, No.206, pp3-10.
77. The ‘do no harm principle’ is the overarching principle that should govern all visits to places of detention. The APT’s practical guide on monitoring
places of detention defines it as follows: ‘Detainees are particularly vulnerable and their safety should always be kept in mind by visitors, who should
not take any action or measure which could endanger an individual or a group. In particular, in cases of allegations of torture or ill-treatment, the
principle of confidentiality, security and sensitivity should be kept in mind. Poorly planned or prepared visits, or visits not conducted in respect of the
methodology or of the following basic principles, can actually do more harm than good’, p29 of Monitoring places of detention: a practical guide, APT,
2004.
Penal Reform International | LGBTI persons deprived of their liberty: a framework for preventive monitoring
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