COMPLAINTS PROCEDURES: THINGS TO CONSIDER
1.
Is there a general right to lodge a complaint for a human rights violation, or in relation to a criminal offence,
established under the Constitution or in relevant legislation? Are there specific provisions relating to complaints
alleging torture or other ill-treatment?
2.
Is torture criminalised as a separate offence under national law? Is torture subject to penalties reflecting the
gravity of the crime of torture?
3.
Upon admission to a place where liberty may be deprived, are individuals informed about complaints mechanisms
and how to use them? How are they informed? Is information available in a language and manner they understand?
Could user friendly information such as brochures, pictorial representation, posters, video, websites, and/or social
media be used to raise awareness of the right to complain and the associated process?
4.
What are the means by which persons can lodge complaints? Do these take into account the specific needs of
particular persons, such as children, victims of sexual or gender-based violence, persons experiencing trauma or
other psychological needs, persons with disabilities, persons with literacy or language challenges?
5.
Do those involved in the complaints handling process receive training on how to deal with victims and witnesses of
torture or ill-treatment?
6.
How are complaints recorded? Is a copy of the complaint and details of who to contact to enquire about progress
given to the complainant and/or his/her lawyer?
7.
Is there a system and/or guidelines in place to ensure that complaints are dealt with efficiently and within
reasonable timeframes?
8.
What safeguards and procedures are in place to enable submitting complaints safely and without fear of reprisals?
Does the State have a system of victim or witness protection?
9.
Can the complaints system record data for the purposes of generating statistics, including disaggregated by sex,
age and other pertinent characteristics? How is personal data protected?
TOOL: Complaints and investigations
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