Rights behind bars: Access to justice for victims of violent crime suffered in pre-trial or immigration detention • A firewall should be established between the administrative process related to the person’s immigration status and access to justice. Equally, a complaint of violence should not impact the ongoing criminal investigation against a detainee. • Adopt clear policies on the obligation of Law Enforcement Authorities to investigate and prosecute allegations of violence by Detention Staff or codetainees. • • Implement ECHR case law on burden of proof requiring the Detention Administration to explain and justify the use of force, rather than requiring the victim to prove that it was unjustified. Create special units within Law Enforcement Authorities. Designate a public prosecutor, an investigating judge and police unit in charge of criminality in places of detention, including ill-treatment by Detention Staff, to encourage a proactive role in investigations and for lawyers/other stakeholders to have an identifiable interlocutor for complaints and urgent communications. A dedicated unit would minimise risk that other cases are prioritised. Monitoring bodies including NPMs • Adopt a protocol for the automatic referral of individual allegations of violence to Law Enforcement Authorities. • Increase communication between NPMs and Law Enforcement Authorities. The findings of NPMs through their monitoring activities can help support investigations by Law Enforcement Authorities. 39

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