1. Intake
Procedures for lodging complaints should be simple and straightforward, and should
not require a lawyer. Excessively formal procedures may discourage victims from seeking
help and result in delays.
Who may file a complaint?
The enabling law generally specifies who may file a complaint, and this must always be
the starting point.
Additional guidance may be obtained from the Paris Principles, which state that quasijurisdictional institutions should be able to receive complaints from “individuals, their
representatives, third parties, non-governmental organizations, associations of trade
unions or any other representative organizations.”
Statutory provisions will generally determine if class actions or representative complaints are allowed.
Some statutes prevent the filing of anonymous complaints. Institutions generally require written complaints to be signed by the victim or other person or entity
authorized by law. There are good reasons for prohibiting anonymous complaints,
including the fact that NHRIs have no way of verifying the validity of an anonymous
complaint and cannot provide redress to an unknown victim. However, confidentiality needs to be ensured. (See below.)
Some institutions face the question of whether “any person” may include an association of persons that is not an incorporated entity. Some NHRIs have taken the position
that, if the alleged violation of rights affects an organization as an identifiable entity
and not just one of its members, then the organization has the right to file a complaint.
Specificity in legislation is desirable, as detailed provisions can prevent technical arguments. Again, in cases of doubt, the Paris Principles specifically refer to “representative
organizations”.
Although the Paris Principles recognize the right of third parties to file complaints, it
is preferable that the person who alleges the violation should be the one who lodges
the complaint. It is the alleged victim who has the best knowledge of the incident and
who should properly have the freedom to decide whether or not to make a complaint.
Nevertheless, the victim is not always in a position to do so, for example if he or she is
too young or has a physical or mental disability. In these cases, it is generally a parent,
guardian or person with power of attorney who may act.
There may also be instances of multiple or systemic violations where the representative
organization is best placed to file the complaint and to shield the victims from reprisal.
In other situations, the victim of a human rights violation may have disappeared, may
be in custody, incommunicado, or dead. Because of these very real possibilities, it is essential to make formal provision for complaints to be lodged by a relative, friend, legal
representative or NGO on behalf of an alleged victim.
Support for the complainant
National human rights institutions should promote complainant’s access to their rights
and remedies. These would seem to apply both to those offered by the NHRI and
to the rights and remedies that exist elsewhere. National human rights institutions
should serve the interests of those who may have experienced human rights abuse. If
the institution has jurisdiction, it has a duty not only to inform complainants of their
rights and potential remedies, but also to help them through the process. At the same
time it must be borne in mind that no allegation is proved at this stage.
82
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents