The Bangkok Rules 35 Rule 25 Rule 35 of the SMR provides that each prisoner is given clear written and if necessary also oral information on complaints procedures on admission to prison, while Rule 36 provides for a confidential complaints mechanism and guarantees prisoners’ right to complain both to prison and independent authorities on a confidential basis. The rule does not explicitly refer to complaints of abuse and the protection of prisoners who do allege illtreatment, but the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Article 13, provides that “[e]ach State Party should ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to and to have his case promptly and impartially examined by its competent authorities. Steps should be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.” It is of utmost importance that women who have been subjected to any form of abuse in pretrial detention or prison should be able to complain without fear of retaliation by staff, confidentially, to the central prison administration, judicial authorities and independent inspectors, and that they should receive legal aid or assistance to do so. Women who claim to have been abused should be confident that they will be provided immediate protection and supervision, while their claims are investigated, and later on, if required, in line with the provisions of the Convention against Torture. Rule 25 therefore provides guidance to prison authorities in the application of the Convention against Torture. It takes account of the fact that women are particularly vulnerable to abuse in prison settings, but that they are often afraid of making complaints due to fears of retaliation. It is included to add an additional safeguard for women against violence and ill-treatment in prison settings. Rule 25(3) supplements SMR, Rule 55, which provides for the regular inspection of penal institutions and services by qualified and experienced inspectors appointed by a competent authority. The inclusion of women members on inspection bodies/monitoring boards will help ensure that the provision of services addressing women prisoners’ specific needs are properly inspected by a person of the same gender, as well as encouraging the receipt of complaints from women prisoners, who may feel inhibited in coming forward if all members of the monitoring body were to be male. Rule 26 SMR underlines the need for all prisoners to have contact with their families. This Rule emphasizes particularly the importance for women prisoners of the maintenance of family links, whether in pre-trial detention or following sentence. It also recognises the particular need women prisoners have in accessing legal assistance, due to their lower educational, economic and social status in most societies, as well as due to abandonment by families on imprisonment experienced by many women in different countries, and therefore encourages prison authorities to assist them in obtaining legal assistance. The rule emphasizes the flexibility that needs to be demonstrated by prison administrations in applying visiting rules to women prisoners, in order to safeguard against the harmful impact of separation from families and children, in view of the fact that many women are imprisoned far away from their homes. This flexibility may, for example, include extending the length of visits, particularly when visitors have travelled long distances to visit. Other considerations should also apply, such as taking account of the hours when children may visit their mothers without having to miss school. Rule 27 This Rule aims to prevent discrimination suffered by women in some countries where conjugal visits are not allowed to women in prison or are allowed on a much more restricted basis than to male prisoners.

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