1. PRISON MANAGEMENT
Effective requests and complaints systems are also beneficial for prison staff for a number
of reasons. This is because the problems affecting prisoners will inevitably also impact staff,
either directly or as a result of tensions within the prison community. When these issues are
resolved quickly and satisfactorily, staff-prisoner relations are likely to improve, leading to
better, safer working conditions for staff members.
132
Requests or complaints systems help prison administrations identify structural or practical
problems that they might not otherwise notice, but which are likely to be extremely important
to prisoners. These might include, for example, problems with telephones, food service
or noise levels at night time. If dealt with promptly and effectively, prison administrations
can prevent seemingly minor problems from escalating into bigger issues, saving time and
resources in the long-run. Clear procedures for making requests and complaints also mean
that frontline staff do not have to spend their time dealing with individual complaints.
133
It is particularly important for prisoners to be able to make requests or complaints as part of
a clear set of procedures because, unlike in the community, there may be no alternative ways
to deal with problems they face.
134
If a complaints system is working effectively, it can play a significant role in the prevention
of torture and other ill‑treatment. If victims can safely report problems and know that their
complaints will be taken seriously, perpetrators are more likely to be deterred in the first place.
135
A functioning complaints system ensures that perpetrators of torture and other ill‑treatment
are identified and held to account. It can also prevent such issues recurring and protect
prison staff from wrongful accusations.
1
131
32
PUTTING IT INTO PRACTICE
Identifying the reasons why prisoners do not make requests or complaints
136
When developing good practices on requests and complaints mechanisms, it is crucial for
prison administrations to understand the potential barriers to making requests or complaints
within prisons. Some of the more common obstacles are:
—— The absence of an effective complaints system;
—— The slow or bureaucratic nature of complaints procedures and response mechanisms;
—— Feeling that the problems faced in prison are inevitable;
—— Lack of information about the complaints process, including what prisoners can
complain about;
—— Distrust in the effectiveness of complaints and response procedures;
—— Feelings of shame, embarrassment or guilt;
—— Fear of retaliation and reprisals, or of being punished for making a complaint;
—— The lack of safeguards in place for those making complaints;
—— Concern that the complaint will lead to other negative consequences (e.g., transfer
to another facility);
—— Fear of being ostracized; and
—— An institutional culture that is based on retribution rather than rehabilitation.
137
There may also be specific barriers to making requests that impact different groups of
prisoners more than others, including, for example, women, children, LGBTI individuals
or foreign nationals.
Guidance document on the Nelson Mandela Rules
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents