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 https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581#globalcontainer https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581#globalcontainer https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581#globalcontainer 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. https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581#globalcontainer https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581#globalcontainer https://search.coe.int/cm/Pages/result_details.aspx?ObjectId=09000016809ee581#globalcontainer -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 https://www.echr.coe.int/Pages/home.aspx?p=caselaw&c#n14597620384884950241259_pointer 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

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