1. PRISON MANAGEMENT
157
Prisoners must be able to make requests and complaints to any or all of the individuals
or bodies listed above, in any order. There should be no requirement to exhaust one avenue
of request or complaint before accessing another. Clear information must be provided
to prisoners on who they should address their requests and complaints to and how they
can do so.
1
FIGURE 1: DIFFERENT TYPES OF REQUESTS AND COMPLAINTS AND RESULTING PROCEDURES
36
DAY-TO-DAY REQUESTS
AND COMPLAINTS
MORE SERIOUS
COMPLAINTS
COMPLAINTS OF TORTURE
OR OTHER ILL-TREATMENT
Raised through
informal complaints
procedures
Require recourse to
formal complaint
mechanisms
Must be investigated
even if there is no
complaint
Can be tackled
without recourse to
formal procedures
Require formal
investigation and
response
Must be dealt with
immediately and
investigated promptly
and impartially
If unresolved can
be escalated into
a formal request/
complaint
If rejected or delayed
it can be escalated
to a judicial or other
authority
Formal investigation
and prosecution.
Steps must be taken
to protect the victim
and any witnesses
Day-to-day requests and complaints
158
Complaints refer to a wide range of issues of different severity. The majority of complaints
will, most likely, relate to day-to-day matters and, while they may seem relatively minor to
authorities, such matters are extremely important to prisoners themselves and can have a
major impact on their daily lives. Complaints could include, for example, complaints about
food, noise levels, problems with contacting families and lost or stolen property. Such issues
are also likely to affect large numbers of prisoners and can often be dealt with quickly with
few resource requirements. If dealt with effectively, the response to such complaints can
significantly reduce levels of anger and stress within a prison facility.
159
The UN Special Rapporteur on torture has noted that day-to-day complaints can be
addressed by empowering independent, dedicated persons to receive and handle minor
complaints and ensure that steps are taken within a reasonable period of time to set aside
the funds required to give effect to these rights.62
62. Special Rapporteur on torture, A/68/295, op. cit. note 57, para. 78.
Guidance document on the Nelson Mandela Rules
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