Article 13 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requires that: Each State Party shall 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. … Under article 16, paragraph 1, of the Convention against Torture, the same principle applies to allegations of acts of cruel, inhuman or degrading treatment or punishment. The right to challenge conditions of imprisonment or treatment while in detention is also contained in principle 33 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment: 1. A detained or imprisoned person or his counsel shall have the right to make a request or complaint regarding his treatment, in particular in case of torture or other cruel, inhuman or degrading treatment, to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers. 2. In those cases where neither the detained or imprisoned person nor his counsel has the possibility to exercise his rights under paragraph 1 of the present principle, a member of the family of the detained or imprisoned person or any other person who has knowledge of the case may exercise such rights. 3. Confidentiality concerning the request or complaint shall be maintained if so requested by the complainant. 4. Every request or complaint shall be promptly dealt with and replied to without undue delay. If the request or complaint is rejected, or in case of inordinate delay, the complainant shall be entitled to bring it before a judicial or other authority. Neither the detained or imprisoned person nor any complainant under paragraph 1 of the present principle shall suffer prejudice for making a request or complaint. In order to know whether there are grounds for making a request or complaint about treatment, prisoners need to have access to the written procedures which govern their daily lives. This right is laid down in rule 35 of the Standard Minimum Rules for the Treatment of Prisoners, which was referred to in chapter 4 of this Manual. In addition, rule 36 of the Standard Minimum Rules provides: (1) Every prisoner shall have the opportunity each weekday of making requests or complaints to the director of the institution or the officer authorized to represent him. (2) It shall be possible to make requests or complaints to the inspector of prisons during his inspection. The prisoner shall have the opportunity to talk to the inspector or to any other inspecting officer without the director or other members of the staff being present. 130

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