MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS
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without censorship as to substance but in proper form, to the central
prison administration, the judicial authority or other proper authorities
through approved channels.
2
4. Unless it is evidently frivolous or groundless, every request or
complaint shall be promptly dealt with and replied to without undue
delay.” SMR, Rule 36
Comments
The persons deprived of their freedom must be clearly informed of
the rules governing the place of detention and they must have recognised means to discuss or contest aspects of their life in detention.
The presence or absence of complaints procedures is an important
indicator of the level of respect accorded to the detainees, as regards
both form and content.
Several levels of complaint should be possible. The first concerns
internal complaints, addressed directly to the director of the establishment. The detainee must, however, have the possibility of making a
complaint, uncensored, to a higher instance, if he/she deems it necessary. Complaints or appeal systems differ depending on the level of
the authority handling the complaint and its sphere of competence.
This point can be examined in conjunction with the section on
inspections, as the inspection bodies should have the possibility of
receiving and examining complaints.
Reference points
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What appeal do persons deprived of their liberty
have?
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What is the nature of the appeal – administrative /
judicial?
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