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  • Topic: Please help a falsely accused trans woman to get out of men jail

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    • February 26, 2017 7:04 PM GMT
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      Hello. I writing to ask for your help.

       

      My friend Alina, who is a transgender woman, was arrested in October 2016 on false charges of drug possession. Currently she is on a male jail awaiting for her trial. Our request that she is held in a male prison until the trial was denied because her legal documents says that she is legally male. Thus we are afraid that something very bad may happen to her.

       

      We are asking for help to collect the fee of the attorney for her legal defense because we do not have enough money. We have until (and including) 28 February to collect the fee of the attorney in law. We friends and family have contributed all we could but it was not enough. A friend of Alina made a web page with details of how you can help: http://save-alina.dmtr.ru/how_to_help. There is also more information about Alina and some photos of her, so that you may get to know she better.


      Could you please help us? We request donations and we ask you to share our fundraiser page in social media. Thanks you very much!

      This post was edited by Jessica Moore at February 26, 2017 7:05 PM GMT
    • February 26, 2017 7:39 PM GMT
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      Uited Kingdom

      Well, the decision as to where someone is held on remand or serves their sentence falls under the remit of the Ministry of Justice and the Prison Rules. It is not down to an order of the court and is largely an administrative exercise. So what do the rules say? Well here I turn to a public lawyer using his explanation. The public lawyer, as it happens: Matthew Stanbury, a barrister at Garden Court North tweeting as @thepubliclawyer. He has blogged about the prison rules aspect of the case (the blog is very good and well worth checking out beyond this story). He says that the Ministry of Justice’s policy is perfectly clear and capable of producing the right result in Hudson’s case. He quotes the policy: “4.1 Prison Rule 12(1) provides that women prisoners should normally be kept separate from male prisoners. 4.2 In most cases prisoners must be located according to their gender as recognised under UK law. Where there are issues to be resolved, a case conference must be convened and a multi-disciplinary risk assessment should be completed to determine how best to manage a transsexual prisoner’s location. See Annex D for more details”. Annex D then says: “D.1 Some transsexual people will be sufficiently advanced in the gender reassignment process that it may be appropriate to place them in the estate of their acquired gender, even if the law does not yet recognise they are of their acquired gender. In such cases establishments may wish to seek guidance from the Women’s Team. … D.3 The case conference should review the prisoner’s individual circumstances and make a recommendation to the relevant senior manager above establishment level who will make the final decision”. Matthew notes that the reason for this situation is that the case conference does not happen prior to the sentencing hearing, the resolution of which could, in this case, have avoided the entire issue.

       

      Strange that someone is held on remand for just plain drug possesion.   BUT she is entitled to apply for legal aid.  even in the UK it is usually only considered if the accused has changed all their documentation details.   I think in the USA and most other countries, an attorney will be made available if a person cannot afford one.

      This post was edited by Cristine, Shye BL at April 18, 2017 10:51 PM BST
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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

    • February 26, 2017 7:51 PM GMT
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      Christine, Alina is Russian and lives in Russia. The authorities refused our request to transfer her to a female jail while she is waiting for the trial, despite much insistence. What can we do? Only wait until her trial and make our best effort to get her a sound legal defense. We can prove that she is innocent, but not if we can not collect the fee of a good attorney, which is not cheap. We friends and family contributed with all the money we could, but it is not enough. Please take a look at her page for more information about she and how to help.

      We would be very grateful if you can support Alina donating to her defeuse fund. We accept donations at the Bitcoin address 1MCTLYKSAmBSjk8Tg32YcaUF9bKifHVA6N. All donations are public and transparent and you can see them in this page. If you can make a bank transfer to Russia, please check Alina's VK page for the bank account of her legal defense fund. Thanks.

      This post was edited by Jessica Moore at February 26, 2017 7:55 PM GMT
    • February 26, 2017 7:59 PM GMT
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      I see now, I wrongly assumed that as you were based in London, your friend was in London too.

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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

    • April 18, 2017 10:12 PM BST
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      I do not know about Russian prisons.  But these are the people who gave us the Gullag, so I would not expect too much.  

       

      The UK prison system will still put a trans woman in a male prison, until such time as they actually undergo surgery.  That said, every prison will have a VP (Vulnerable Prisoners) wing.  However, you also have VP prisons.  However, a Cat A or B prison with your usual mix of criminals is not the ideal place for a transgender person to feel comfortable or safe.  There are some Cat Cs that are better.  In any event, people who identify themselves as trans, or who come out in prison, are observed more closely for signs of bullying etc.  There are also transgender newsletters and societies that meet regularly.  So although still having to serve time in a prison, the UK system takes more care to ensure safety than many other nations.  

       

      Remand prisons will work slightly differently in how they are run and it may also depend upon who runs the prison.  If private contractors, that may present a problem.  But generally, if it is a part of the HMPS, then you will find that steps have been taken to ensure that extra care is taken of transgender prisoners.

       

      Alice

      This post was edited by Alice S at April 18, 2017 10:13 PM BST
    • April 18, 2017 10:35 PM BST
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      Alice in the UK one is not compelled to have surgery to qualify to be recognised as a woman, there may be contributing factors why they cannot, health, religion, or just personal choice, if a person has changed all their documents, they must be considered as transgendered, if the have undergone the full term of RLE, they are entitled to have the GRB consider their application to have their birth certificate changed.   Legally they are then entitled to all the options of their new gender, unlike some countries in the EU where surgery is a requisite, some EU countries do not have a Gender recognition Act at all, so in my opinion are in breach of the EHRC, enforced medical procedures.   At the moment with legal aid, a person in the UK can appeal to the HRC in Strasbourg if they feel their rights have been breached,    The countries that insist on surgery before recognition, that's incorporated in their Gender recognition Act, accepted by the Strasburg agreement. rather conflicting the essence and foundation  of the EHRC.

      As to what is available private prisons, the laws are explicit and it is up to the prisons governing body the Ministry of prisons a government department.

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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

    • April 18, 2017 10:43 PM BST
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      Hi Cristine,

       

      Thanks for the update.  I can only state what I have seen in my prison and we have quite a large trans population.  It could be that the prisoners do not have all of the necessary paperwork in place yet.  But I will have a look on NOMS and see what the latest information is on this.  If I am able to I will update.  But a lot depends upon what I have access to and am allowed to post.  I will definately have a look at the legislation you have listed and see what we are doing about it.

       

      Alice.

    • April 18, 2017 10:54 PM BST
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      Alice the relevant sections, references.

      Where there are issues to be resolved, a case conference must be convened and a multi-disciplinary risk assessment should be completed to determine how best to manage a transsexual prisoner’s location. See Annex D for more details”. Annex D then says: “D.1 Some transsexual people will be sufficiently advanced in the gender reassignment process that it may be appropriate to place them in the estate of their acquired gender, even if the law does not yet recognise they are of their acquired gender.

      This post was edited by Cristine, Shye BL at April 18, 2017 10:56 PM BST
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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

    • April 27, 2017 9:16 PM BST
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      Thanks for this Cristine,

       

      Trying to get information via the prisons, even for those who work in the system, can be a long process.  So anyway, although we deal with a variety of prisoners, since sub contracting, we do not always know how the prison systems work.  I will look this up and probably end up with more infor than the POs.  Not a surprise, I sometimes learn more from inside times that through regular sources.

       

      Like the new profile picture by the way.  I must sort one out for myself, but have to be careful due to the nature of my place of work.

       

      Oh, I forgot to ask.  You said you were an accountant.  ACCA?

       

      Next question.  There is a LGBT conference in Birminham at the end of June.  Have you heard anything about it and is it worth attending?

       

      Alice

    • April 27, 2017 9:55 PM BST
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      Yes I am an accountant, have a degree in accountancy, hate it, but it keeps the wolve's from the door, I never registered, just work from home, but I now have a law degree,  I hope to specialise in the UK gender recognition act & the relevant sections of the EHRC that affect, Trans people, but I am finding it hard to find a place within chambers to do my practical pupilage, so I can obtain my licence to practice and be called to the bar and it costs a fortune for all the regalia.

      This post was edited by Cristine, Shye BL at April 27, 2017 9:57 PM BST
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      Cristine Jennifer Shye B.acc. BL (GS Admin) Tongue out

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