ESTABLISHMENT OF COMPLAINTS PROCEDURES
A wide number of States have put in place procedures to
enable people to lodge complaints of torture and other
ill-treatment with internal and external bodies. Internal
complaints bodies and procedures can be found within
a broad range of services such as in the police services;
prisons; juvenile detention centres; immigration centres;
military facilities; hospitals and institutions for the care
of children, the elderly, the mentally ill or persons with
disabilities. In addition, many States have established
external bodies such as national human rights institutions
or oversight bodies for particular institutions and services
to also handle complaints of mistreatment.
Article 13 UNCAT
Each State Party shall ensure that any
individual who alleges he has been subjected
to torture in any territory under its jurisdiction
has the right to complain to, and to have his
case promptly and impartially examined by, its
competent authorities. […]
ELEMENTS OF EFFECTIVE COMPLAINTS PROCEDURES
Key elements for effective complaints procedures include:
Provided
in law
Known
and accessible
Prompt processing
and keeping records
of complaints
Special consideration for
persons in situations of
particular vulnerability
Provided in law
A generic right to complain against human rights violations is often guaranteed by States within their Constitution
or legislation. In some national laws, explicit reference is made for victims and others to lodge complaints of
torture or other ill-treatment. Victims of torture or ill-treatment in most States also have a right to file a criminal
complaint with the police or other law enforcement authority.
Uganda: specific provision for the right to complain in anti-torture legislation
Article 11 of the 2012 Prevention and Prohibition of Torture Act provides any person alleging that an offence
under the Act has been committed (whether the person is the victim of the offence or not) with a right to complain
to the police, national human rights commission or any other relevant institution or body having jurisdiction
over the offence. A prompt investigation into the complaint shall be conducted, and where there are substantial
grounds to support the complaint, the police shall arrest and detain the person and accordingly charge the person
with the offence he or she is alleged to have committed.
TOOL: Complaints and investigations
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