1 1. PRISON MANAGEMENT 34 142 Complaint forms should be easy to understand and accessible to all. Every prisoner should have access to the necessary tools to make complaints, including writing equipment or access to computers in the case of electronic complaints systems. Those who cannot afford writing materials, stamps or telephone calls should be provided with them free-of-charge. 143 Prisoners should not be required to request a complaints form, rather they should be available in common areas of the facility. Where complaints can be made over the telephone, authorities should ensure that the phone lines are in working order and accessible to all. Prisoners must also be able to inquire about the status and outcome of any requests and complaints they have made. 144 Requests and complaints systems are only effective if they lead to the problem actually being addressed. Prisoners must be confident that their complaints will be dealt with fairly and effectively and that anyone found responsible for wrong doing will be held to account. Informing prisoners about their rights 145 In order to exercise their right to make requests and complaints, all prisoners must know how they can do so. This information should be provided to all prisoners in accordance with Rule 54. The UN Special Rapporteur on torture has stressed that information about requests and complaints should be made available “in both written and oral form, in Braille and easy-to-read formats, and in sign languages for deaf or hard-of-hearing individuals”, and it should be displayed “prominently in all places of deprivation of liberty”.58 More information on access to information for prisoners can be found in Chapter 1, paragraphs 116-129 of this guidance document. 146 In addition to information about how to make requests and complaints, prisoners should be informed about what to expect when they make a complaint, and the procedures to be followed once the request or complaint has been lodged, including protective measures, timelines for response and the procedures for follow-up. Procedures and timelines will depend on the nature of the complaint, but should be determined in the prison rules and made clear to prisoners. Who can make a request or complaint? 147 The Mandela Rules are clear that all prisoners should be able to make requests and complaints. Authorities must therefore seek to rectify disadvantages faced by some groups of prisoners, including those who do not speak the main language of the prison, illiterate prisoners and those with learning disabilities or mental health conditions, by putting practical measures in place to ensure equal access to the procedures. The principle of non-discrimination must apply equally to both internal and external complaints mechanisms. 148 Request and complaint procedures must not be discontinued once the complainant has been released, and prisoners should also be able to raise requests and complaints within a reasonable time period after they have been released from prison. 149 The Mandela Rules also make it clear that the right to make requests and complaints extends to the legal adviser of the prisoner, family members or any other person who has knowledge of the case. For foreign national prisoners, this right should extend to embassy or consular representatives. The right for other parties to issue requests and complaints is particularly important, given the many barriers to reporting faced by prisoners themselves. 150 Rule 78 of the Havana Rules points out that, in addition to making requests and complaints themselves, “[e]very juvenile should have the right to request assistance from family members, legal counsellors, humanitarian groups or others where possible, in order to make a complaint. Illiterate juveniles should be provided with assistance should they need to use the services of public or private agencies and organizations that provide legal counsel or that are competent to receive complaints.” 58. Ibid, para. 79. Guidance document on the Nelson Mandela Rules