–3–
Basic principles
75. The proper handling of complaints made by persons deprived of their liberty, irrespective of the
place or situation in which they are held and the legal framework applicable to their deprivation of
liberty, requires the observance of certain basic principles: availability, accessibility,
confidentiality/safety, effectiveness and traceability. The presentation of these principles is mainly
based on views expressed by the CPT in its visit reports, in the light of its findings on the ground. It
does not aim at establishing an exhaustive set of standards on all aspects of the operation of
complaints mechanisms. 2
1. Availability
76. It is widely recognised that every person deprived of his or her liberty should be legally entitled
to lodge formal complaints with bodies designated for this purpose. It is crucial that both
internal and external complaints mechanisms are genuinely available.
77. Other interested parties (such as close relatives and friends) should be able to act on behalf of
the person concerned, as a rule with her or his consent and close co-operation.
78. Complaints which do not concern ill-treatment or other serious human rights violations may be
dealt with through alternative dispute resolution mechanisms such as mediation, subject to the
complainant’s agreement.
2. Accessibility
79. Persons deprived of their liberty should promptly receive information, both orally and in
writing, about all avenues of complaint (including appeal procedures), both internal and external
to the places in which they are being held. They should also have a clear understanding of the
modalities for exercising their right to lodge a complaint. For this purpose, appropriate information
tools should be developed (e.g. posters in communal areas, a section on complaints procedures in
the establishment’s house rules, information leaflets issued by complaints bodies, information
videos) and made available to them, in straightforward, user-friendly and non-legalistic formats.
80. All information provided about avenues of complaint – whether upon arrival in a place of
deprivation of liberty or at a later stage – should also be available in a language which persons
deprived of their liberty understand. In this context, written information on complaints bodies
and procedures should be available in the languages most commonly spoken.
81. In order to facilitate access to external complaints mechanisms, it would be highly desirable that
appropriate standard complaints forms be made available. Nevertheless, the fact that a complaint
has been lodged on a non-standard form should not prevent it from being examined.
82. As regards indigent persons, measures should be taken to provide them with writing material,
envelopes and postage free of charge.
83. Specific regard should be had to the age, gender, state of health, any disability, or any
circumstances which render certain persons deprived of their liberty particularly vulnerable.
2
For more details about police complaints systems in particular, see also the Opinion of the Commissioner for Human
Rights of the Council of Europe concerning independent and effective determination of complaints against the police
(CommDH(2009)4).