87
undertake actions in response to those complaints in accordance with applicable legal
provisions.
254.
This rights entails, for instance, informing persons deprived of their
liberty of the possibility of exercising this right; ensuring that they really are able to file
their complaints and petitions without intervention or “filtering” by prison officials or other
inmates; providing appropriate systems for handling, examining, and distributing this
information; ensuring that prison officers are properly trained to receive and process
complaints and petitions; providing persons deprived of their liberty to access, if they so
request, to legal aid and information regarding the exercise of this right; and taking steps to
prevent any complaint being filed by the legal representative or a third party on behalf of
an inmate, if the inmate opposes that filing. In addition, prison and administrative
authorities involved in these processes must be properly trained to notify the competent
judicial and investigative authorities of cases in which they detect information regarding
possible crimes that must be prosecuted ex officio.
255.
The reception and examination of complaints and petitions is an effective
mechanism for addressing specific needs of persons deprived of their liberty and for
detecting structural deficiencies or abuses committed by prison officials. It can also serve
to identify patterns of negligence or flaws in the services provided by public defenders,
physicians, or the members of technical boards. Such shortcomings are not always revealed
by the regular external mechanisms for monitoring prisons, but can be detected by
analyzing consistent and coinciding information received via complaints made to the
administration.
256.
In practice, a lack of channels through which inmates can address the
administration could trigger a collective sense of frustration and impotence that might then
manifest itself in disturbances or other forms of protest.
257.
There is a particularly important mention, in the second paragraph of
Principle VII of the Principles and Best Practices, of the right of persons deprived of liberty
“to opportunely request and receive information concerning their procedural status and
the remaining time of deprivation of liberty.“ In practice, this information is essential as it
allows a detainee to begin a number of procedures related to execution of his or her
sentence. This is the case, for instance, of requests for probation and for permission to
work or study. For persons deprived of their liberty in a State other than their own, such
information is essential for requesting a transfer to their country of origin. Responsibility
for issuing and delivering these documents that are vital for detainees lies jointly with the
competent judicial authority and the prison administration. Under no circumstances should
an inmate have to pay for them.
258.
The third paragraph of Principle VII is grounded in Article 44 of the
American Convention and Article 23 of the Rules of Procedure of the IACHR. It is a fact that
many of the petitions received and processed by international protection mechanisms,
such as the IACHR, are lodged by persons held in places of deprivation of liberty. That being
so, State authorities should not prohibit or obstruct the exchange of correspondence
between inmates and international organizations, nor should they prohibit inmates from
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents