COMPLAINT PROCEDURES
Why is protection against reprisals important?
Key standards
-UN Mandela Rules, R 54-57
https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf
https://www.unodc.org/documents/justice-and-prison-reform/Nelson_Mandela_Rules-E-ebook.pdf
Efficient and effective complaint procedures are not only in
the interest of prisoners, but also in the interest of the
entire prison system. They help detainees make their voice
heard in prisons. At the same time, they allow the prison
administration to identify systemic problems and develop
solutions and play a key role in building a positive relationship between prisoners and members of staff.
Complaints in prisons are all complaints lodged by or on behalf of
detainees against decisions, actions or lack of official action on a
variety of issues, such as: staff misconduct, inadequate protection
from other inmates who may cause them harm, poor material condi-
-The right to submit a complaint and an effective complaint procedure can be
exercised only if the detainee does not have to fear any form of reprisal, intimi-
-CoE, European Prison Rules, R
30, 70
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dation or other negative consequences (e.g. threats, solitary confinement,
other discouraging measures, such as transfer into a less furnished cell) upon
the submission of a complaint.
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-The European Court of Human
Rights’ collection of Factsheets
& Jurisprudence
https://www.echr.coe.int/Pages/home.aspx?p=press/factsheets&c
https://www.echr.coe.int/Pages/home.aspx?p=press/factsheets&c
https://www.echr.coe.int/Pages/home.aspx?p=caselaw&c#n14597620384884950241259_pointer
-All staff working for detention facilities must be informed that the highest
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authorities remain vigilant to ensure that detainees who wish to submit a
https://rm.coe.int/16807bc668
-CPT
27th General Report,
complaint will not be subject to any kind of intimidation or reprisal and that
https://rm.coe.int/16807bc668
Complaint
mechanisms
violations of this norm will be severely punished.
tions, lack of activities or insufficient provision of health care.
Recurring problems related to complaints:
1.
Lack of independence, confidentiality or effectiveness that
defeat the purpose of a com-
2.
Lack or inadequate provision
of information about the right
to complain and the rules of
3.
complaint procedures
Examples: Lack of accessibility
Examples: Undue delays; Writ-
Examples:
of written or oral information;
ten complaints to be handed
inmates due to a complaint
Lack of translation of informa-
over or put in complaint boxes in
with the loss of privileges such
tion into the most commonly
open
of
as leave; Failure to transmit
used foreign languages; Special
response to complaints; Lack of
complaints to external com-
needs (of e.g. illiterate detain-
adequate preventive and repa-
plaint bodies; Placement in
ees, people with disabilities, or
ratory measures upon complaint
disciplinary confinement due to
Lack
juveniles) are not addressed
against Torture (OPCAT), are mandated to visit places of detention to prevent torture and ill-treatment
Reprisals upon complaint or
discouraging behaviour build
an atmosphere of distrust and
undermine the detainees’ right
to complain
plaint procedure
envelopes;
National Preventive Mechanisms, established under the UN Optional Protocol to the Convention
Threatening
and examine factors that contribute to its occurrence. They can face extraordinary challenges in
monitoring the efficiency of complaint procedures, but they also have a broad mandate as well as the
authority to investigate potential gaps and detect the inefficiencies. It is essential for them to advocate
for effective complaint procedures, since detainees’ complaints are important indicators of systemic
problems related to detention conditions.
the
a complaint
What should prison staff and administrations consider?
1.
-The information should include authorized methods of seeking information or legal advice and instructions for submitting a complaint.
-Summaries of the information shall be displayed in common areas
of the prison.
Fundamental principles
and requirements
-Free communication with
inspectors and monitors
written
decisions
about
complaints
include detailed reasoning?
-No censorship as to the substance of
complaints
6.
In case of successful complaints, are adequate
Are prison staff and the prison director
preventive and reparatory remedies provided
available for direct complaints of detainees?
in the internal complaint procedure?
Is confidential and free communication to
external
inspectors
prosecutorial,
judicial
and
monitors
services,
7.
(e.g.
NPMs
Does the prison maintain full records of
requests and complaint procedures, and
or
conduct a systematic analysis of complaints?
monitoring NGOs) ensured?
-Confidentiality
4.
8.
Are
detainees’
complaints
promptly and fairly handled?
confidentially,
Are
all
necessary
measures
taken
of a complaint?
-Right to a reasoned decision
-Right to appeal to a judicial or other
authority
languages according to the needs of the prison population.
-Effective investigation upon complaints
related to ill-treatment or death
for
protection against reprisal upon submission
-Promptness
-Prisoners’ effective participation
ities, foreigners or juveniles) shall be addressed.
3.
external
-Information shall be available in the most commonly used
-Special needs (of e.g. illiterate detainees, those living with disabil-
Do
way?
2.
Detainees can fully exercise their right to complain only if they are
properly informed about the human rights violations that can be
addressed through complaints, and the institutional rules of a
complaint procedure. Both written and oral information shall be
provided upon the admission of the detainee to the prison and as
often as necessary afterwards. A key issue at the heart of the
enforcement of the right to information is accessibility.
5.
right to complain provided in an accessible
What do international standards say?
What information should be provided about
the right to complain and how?
Is all the necessary information about the
To find out more about complaints consult our Handbook:
“Complaint
Procedures and
the Right to Information
in Prisons”
https://bit.ly/2Qycv9R
https://bit.ly/2Qycv9R
https://bit.ly/2Qycv9R
For further information on other thematic issues, please refer to our publications on:
https://bit.ly/2Q5Ngfe
https://bit.ly/32lZO4E
Solitary
confinement, https://bit.ly/3dpxbdr
Prison violence, https://bit.ly/2Q5Ngfe
Persons in a situation
of vulnerability