A/HRC/44/37
sentence treatment requirements can also support diversion away from the criminal justice
system by providing effective community sentence options. 22
45.
In Turkey, the General Directorate of Prisons and Detention Houses has developed a
structured psychological evaluation and intervention programme, which aims to ensure that
psychological health services are available to prisoners. On admission to prison, a research
and evaluation form is completed with prisoners. That includes an individual assessment by
psychologists and social workers and the development of an individualized treatment and
therapy plan. In addition, an assessment, profile, tools and rehabilitation programme has been
developed, addressing the grounds and motivations for criminal behaviour and the
development of individualized rehabilitation programmes.23
D.
Protection of specific groups deprived of their liberty.
46.
Specific groups, including juveniles, persons with disabilities, migrants, indigenous
persons and lesbian, gay, bisexual, transgender and intersex persons, among others, face
particular challenges and have distinct needs when deprived of their liberty. While space does
not allow for all vulnerable groups to be addressed in the present report, some relevant
technical cooperation examples are highlighted below.
Deprivation of liberty of lesbian, gay, bisexual, transgender, intersex and other
gender-diverse persons
47.
Rule 2 of the Mandela Rules, while not explicitly referring to lesbian, gay, bisexual,
transgender and intersex detainees, contains a rule emphasizing the principle of nondiscrimination and its practical implications. This requires that each prisoner’s needs are
provided for, in particular the most vulnerable categories, so that no prisoner experiences any
discrimination in their treatment.
48.
For lesbian, gay, bisexual, transgender, intersex and other gender-diverse persons,
criminal justice systems and prisons tend to overlook their specific needs. Moreover, in
jurisdictions where same-sex relations and expressions of diverse gender identities are
criminalized, such persons face heightened vulnerability and risks while detained. In 2018,
the Association for the Prevention of Torture produced a guide for monitoring bodies that
provides an overview of how authorities should identify patterns of abuse against lesbian,
gay, bisexual, transgender and intersex persons deprived of their liberty.24 The guide also sets
out measures to prevent ill-treatment and torture and highlights global promising practice.
The Independent Expert on protection against violence and discrimination based on sexual
orientation and gender identity contributed to the development of the manual.
49.
The United Kingdom Prison and Probation Service recently published a revised policy
framework on the care and management of individuals who are transgender, taking into
account learning from the implementation of the previous policy introduced in 2016. 25
Safeguards have been strengthened by improving the risk assessment process, requiring
every prison to have a dedicated staff member responsible for transgender individuals and
introducing new training for staff. The Prison and Probation Service has also developed a
transgender e-learning course, which is available to all staff. In January 2020, operational
guidance for the care of transgender individuals was published to support staff in the
implementation of the new framework. A person who is transgender is supported to present
in the gender with which they identify, regardless of whether they are in a male or female
prison.26
50.
To better understand the challenges faced by the approximately 4,000 transgender
people in prisons in Thailand, UNDP, together with the Department of Rights and Liberties
22
23
24
25
26
10
See contribution from the United Kingdom.
See contribution from Turkey.
Association for the Prevention of Torture, Towards the Effective Protection of LGBTI Persons
Deprived of Liberty: a Monitoring Guide (2018).
Available from www.gov.uk/government/publications/the-care-and-management-of-individuals-whoare-transgender.
See contribution from the United Kingdom.
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