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.
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