ESSEX PAPER 3: INITIAL GUIDANCE ON THE INTERPRETATION AND IMPLEMENTATION OF THE UN NELSON MANDELA RULES
Other good practice examples mentioned were telephone hotlines and confidential complaint
boxes.457
Types of complaints and contact points
Rule 56 (1) and (2) and Rule 57(1) read together suggest a complaints mechanism escalating
through various stages, as described below, although the wording makes clear that there is no
limitation or specific order for these different stages.458
The different stages envisaged are:
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))
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))
5. to an independent national authority in case of allegations of torture or other cruel, inhuman
or degrading treatment or punishment (71 (1) and (2)).459
There are slightly different provisions depending on the type of request and complaint:
1. Complaints to the prison director (or the person appointed by him/her) must be available ‘each
day’ (Rule 56 (1)).
2. Where complaints are raised with the inspector of prisons, the prisoner must have the
opportunity to talk to the inspector in private, without the presence of the prison director or staff.
(Rule 56 (2) notes that this Rule is equally relevant for external monitors, see Rule 84 (c)).
3 & 4. Rule 56 (3) enshrines the right to make complaints to the central prison administration and
to ‘the judicial or other competent authority, including those vested with reviewing or remedial
power’. The wording clarifies that such complaints can be made ‘without censorship as to
substance’, implying that a) prisoners do not need to issue an internal complaint first, and b)
complaints must be passed on as they are made.
5. Specific rules apply in case of allegations of torture or other cruel, inhuman or degrading
treatment or punishment, in line with obligations under the Convention against Torture and
the Istanbul Protocol.460 They must be dealt with immediately and shall result in a prompt and
impartial investigation conducted by an independent national authority in accordance with Rule
71 (1) and (2).
CAT SMR revision observations, CAT/C/51/4, para.54.
457
Further guidance can be drawn from Principle 33 of the UN Body of Principles for the Protection of All Persons under
Any Form of Detention or Imprisonment, adopted by the UN General Assembly on 9 December 1988, A/RES/43/173.
458
The UN Committee against Torture has recommended establishing ‘a central and accessible mechanism to receive
complaints of torture or ill-treatment’ (CAT SMR revision observations, CAT/C/51/4, para. 53).
459
UN High Commissioner for Human Rights, Manual on Effective Investigation and Documentation of Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the Istanbul Protocol), 1999, 2004. See
also Principle V of the Inter-American Principles and Best Practices on the Protection of Persons Deprived of Liberty
in the Americas.
460
Penal Reform International and the Essex Human Rights Centre
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