C HAPTER 27. T HE G ENERAL 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. These principles should be presented visually and remain on display throughout the session. BASIS IN INTERNATIONAL INSTRUMENTS Exercise: Using the Compilation of Instruments, the trainees should work in pairs in order to discover the basis for each of these principles. They should be asked to report back their findings. IMPLICATIONS There is a considerable amount of material to be assimilated. It would undoubtedly be helpful if sections of it were presented visually. The information covers the theory of why there should be a general right to make complaints, the formulation of such a procedure and the possible grounds for a complaint. In the presentation, it might be helpful to the trainees to divide the session in the same way. PRACTICAL RECOMMENDATIONS Present these to the trainees, allowing sufficient time for comment and questions after each one. 127