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.5
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.
5. 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).
Complaints mechanisms ► Page 27
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