–4–
This implies that special measures should be taken to make complaints mechanisms more accessible
for persons with particular needs, such as juveniles,3 persons with psychosocial and/or learning
disabilities,4 or persons having problems with understanding, speaking, reading or writing the
official language(s) of the country concerned, including foreigners.
It should also be stressed that access to the complaints bodies should not be contingent on legal
competence. For instance, the fact that a person benefits from legal representation should not affect
his or her own right to make complaints. Like any other complainant, he or she should be heard in
person. It is also important that, whenever necessary, appropriate support is provided. In
particular, it is advisable that juveniles, persons with disabilities, including psychosocial and/or
learning disabilities, or foreigners deprived of their liberty have the possibility of being assisted by a
person or body that can help them understand and exercise their rights. In addition, it is important
that the professionals concerned receive specialised training in the handling of such complaints.
3. Confidentiality / safety
84. Direct and confidential access to complaints bodies should be secured (e.g. by installing
locked complaint boxes accessible to complainants in appropriate locations, to be opened only by
persons specially designated to ensure the confidentiality of the complaints). Staff who have
persons deprived of their liberty directly in their charge should not be in a position to filter
complaints.
85. The necessary efforts should also be made to ensure that complainants remain free from
intimidation and reprisals. In this connection, staff at all levels should receive the clear message
that any kind of threats, attempts to prevent complaints from reaching the relevant complaints
bodies, or intimidatory or retaliatory action will not be tolerated and will be the subject of
appropriate sanctions.
4. Effectiveness
86. Effective complaints mechanisms should process complaints promptly, thoroughly and
expeditiously. They should also contribute to preventing further rights violations and, where
appropriate, may offer compensation.
Complaints that are upheld should lead to any rights violations identified being remedied,
responsibility for any such violations being determined and, if necessary, a suitable sanction
imposed upon those responsible. When required, legal assistance should be provided to
complainants. Complaints bodies should also be entitled to initiate ex officio proceedings (i.e.
without a formal complaint being lodged) whenever there are indications of serious rights
violations. In this context, the adequacy of the investigations into complaints (or any other
information indicative) of torture and other forms of ill-treatment has been the subject of an
extensive case-law of the European Court of Human Rights and has been dealt with at length in the
CPT’s 14th General Report.
87. In the CPT’s experience, the perceived fairness of a complaints system is also crucial to its
effectiveness in combating impunity and promoting a safe environment in the institutions
concerned. The system should inspire public confidence and its operation should not dissuade the
persons in question from making complaints. In this context, independent complaints bodies
3
See also paragraph 131 of the CPT’s 24th General Report and Recommendation CM/Rec (2008) 11 of the Committee
of Ministers of the Council of Europe on the European Rules for juvenile offenders subject to sanctions or measures.
4 See, in this connection, paragraph 76 of the judgment of 19 February 2015 of the European Court of Human Rights in
the case of M. S. v. Croatia (No. 2), which became final on 19 May 2015.