1. PRISON MANAGEMENT All staff should be properly trained in dealing with requests and complaints, including those of a sensitive nature. However, prisoners should have a choice about who they make requests and complaints to, in order to allow for safe disclosure. It may be, for example, that women only feel comfortable reporting problems to female staff members. This can be particularly important in cases of sexual abuse. 152 Requests and complaints must equally be accessible to prisoners under any form of disciplinary punishment, including involuntary separation, and those undergoing medical treatment, even if they are in hospital. 153 As noted by the ICPS, “[p]rison administrations will also need to be sensitive to any cultures or traditions where concerns are raised through a group or family leader rather than individually.”59 The option of collective or delegated requests or complaints can also mitigate some of the common barriers for making such representations, including the fear of retaliation. 1 151 PROMISING PRACTICE: PEER MENTORSHIP AMONG FEMALE PRISONERS IN CANADA [1.12] Recognizing the role that relationships play in a person’s life, peer mentorship in Canada is a confidential, non-judgmental approach used by a community of women prisoners to assist each other in coping effectively with their present circumstances. The role of a peer mentor does not include counselling, which should only be provided by professionals. It does, however, include supporting women by listening, empathizing, providing information and guiding women to appropriate resources. Those in a peer mentor role also acquire and strengthen transferable skills, such as communication, problem-solving and teamwork. The benefits of peer mentorship within an institutional setting include the opportunity for prisoners to problem solve at the lowest level, support within the institution for women prisoners to cope with various situations and the personal development of inmates who are trained as peer mentors. 59 Different levels of requests or complaints 154 It is important to be clear about the different severity levels of requests and complaints as they are likely to be dealt with differently. The SPT has documented problems with such procedures due to lack of “distinction between a request and a complaint, both being submitted on the same forms and processed in the same way”, stating that “[a]s a result, simple requests are not dealt with quickly, and serious complaints can be trivialized”.60 155 Whatever the type and nature of a request or complaint, they must be taken seriously by authorities. Some will be easy to manage, others will not require any action and some will be rejected. Others might lead to formal investigations and prosecutions. 156 The Mandela Rules suggest that a complaints and requests mechanism should escalate through various stages. However, the wording makes clear that there is no limitation or specific order for these different types of escalation: 1. To the prison director (or the person appointed by him/her, each day, Rule 56(1)); 2. To the inspector of prisons during his/her inspections (Rule 56(2));61 3. To the central prison administration (Rule 56(3)); 4. To a judicial or other competent authority, including those vested with reviewing or remedial power (Rule 56(3)); and 5. To an independent national authority in case of allegations of torture or other cruel, inhuman or degrading treatment or punishment (Rule 71(1) and (2)). 59. A Human Rights Approach to Prison Management, ICPS, op. cit., note 29, p. 115. 60. UN Subcommittee on Prevention of Torture, Visit to New Zealand undertaken from 29 April to 8 May 2013: observations and recommendations addressed to the State party, 10 February 2017, CAT/OP/NZL/1, para. 44. 61. The opportunity to make requests and complaints to the “inspector of prisons” applies to members of any monitoring body, including both internal and external bodies and also applies outside of prison inspections, including via writing and over the telephone. However, it is important to note that monitoring bodies are not responsible for dealing with individual complaints as this is the role of the prison administration. Instead monitors can use individual testimony to identify systematic problems. More guidance on internal inspections and external monitoring can be found in chapters one and seven of this publication respectively. For more information on the role of NPMs in relation to complaints, see: Establishment and Designation of National Preventive Mechanisms, Association for the Prevention of Torture, 2006, pp. 27-28 at www.apt.ch/content/files_res/NPM.Guide.pdf. Guidance document on the Nelson Mandela Rules 35