Viet Nam: Constitution guarantees the right to complain
Article 30 of the 2013 Constitution provides that citizens have the right to lodge complaints or denunciations
about illegal acts of agencies, organisations or individuals with competent agencies, organisations or persons.
Those suffering damages have the right to reparation in accordance with the law.
Known and accessible
A range of practical measures to ensure that the complaints procedures are widely known and accessible have
been put in place by States. Such measures include producing user-friendly guides; posters fixed in prominent
places; promoting ‘hot lines’ and toll-free numbers; ensuring the procedures are explained to individuals; and that
forms are easy to use and readily accessible. Some States have found it useful to publish practical information on
how to contact various complaints mechanisms on their government websites and promote them through social
media. To allow complainants to access relevant procedures without fear of reprisals, States have also introduced
practical measures to protect complainants as further highlighted below.
Many safeguards for persons arrested or deprived of their liberty, such as ensuring access to a lawyer, doctor,
family members etc., and judicial and other oversight of detention, can also assist people to access complaint
procedures (see CTI Implementation tool 2/2017 Safeguards in the First Hours of Detention). In particular a
lawyer can help explain the complaint procedures and ensure that complaints meet any relevant requirements, as
well as acting as a liaison between the authorities and the complainant. To facilitate this access some States have
procedures to provide free legal advice for persons arrested or deprived of their liberty.
Georgia: posters promoting complaints procedures
The Juvenile Justice Ombudsman has produced a series of posters aimed at explaining in an easy to understand
way the rights of juveniles in detention centres, how to make a complaint, as well as the role of the Ombudsman.
The posters also promote a toll-free number to report any complaints.
Kenya: a broad range of methods to make a complaint
As well as being able to submit complaints at a police station and by letter or email, the Internal Affairs Unit of
the Kenyan police force has established a toll free number to call; an online complaints form; as well as a mobile
application which people can download. This app enables persons to submit a complaint, to choose whether to
remain anonymous, and to track the status of their complaint. It also gives people information on other ways to
make a complaint. Information on the various means of lodging a complaint is also available on the website of the
Internal Affairs Unit. The Kenyan police force has also used Twitter to raise awareness of the different channels
available to submit a complaint.
TOOL: Complaints and investigations
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