CHAPTER 27. THE GENERAL RIGHT TO MAKE COMPLAINTS OBJECTIVE The objective of this chapter is to underline that complaints procedures must be drawn up in such a way that they can be understood and accepted both by prisoners and by those responsible for the administration of prisons. ESSENTIAL PRINCIPLES Anyone whose rights or freedoms have been violated has the right to an effective remedy, determined by a competent court. Every prisoner shall have the right to make a complaint regarding his or her treatment and, unless the complaint is evidently frivolous, to have it dealt with promptly and, if requested, confidentially. If necessary, the complaint may be lodged on behalf of the prisoner by his or her legal representative or family. Every prisoner on admission shall be provided with written information on rules and on complaints and disciplinary procedures in a language which he or she understands. If necessary, these regulations should be explained orally. If a complaint is rejected or not responded to in a timely manner, the complainant shall be entitled to bring it before a judicial or other authority. BASIS IN INTERNATIONAL INSTRUMENTS The general principles relating to remedies are laid down in article 2 of the International Covenant on Civil and Political Rights: 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. In accordance with these provisions, prisoners should have effective remedies when their rights have been violated. 129