A/68/295
promoting a safe custodial environment. 13 Sufficient safeguards and opportunities
must be in place to make a complaint and to ensure the independence, reliability,
confidentiality and safety of complaint mechanisms (see, for example, the United
Nations Rules for the Treatment of Women Prisoners, rule 25 (1)). Moreover, the
right of detainees to file a complaint implies facilitating simple, prompt and
effective recourse before competent, independent and impartial authorities against
acts or omissions. Appropriate systems must be established to handle and process
these complaints, ensuring access to independent lawyers and timely independent
medical examination and guaranteeing the safety and security of the complainant.
The Rules should place an obligation on prison authorities to take effective
measures to protect complainants against any form of intimidation, reprisals and
other adverse consequences. Measures in this regard include the transfer of the
complainant or the implicated personnel to a different detention facility or the
suspension from duty of the personnel. It is also important that the Rules integrate a
provision obliging the personnel to guarantee the timely enforcement of any
decision granting the remedy.
78. The overwhelming majority of complaints call for improvements in the
conditions of detention and the provision of basic services or other measures that
require minimal funding. They could be addressed by delegating independent,
dedicated persons to receive and handle minor complaints and ensure that steps are
taken within a reasonable period of time to set aside funds required to give effect to
these rights.
79. Furthermore, because of disability or literacy problems, many detainees or
prisoners are disadvantaged and unable to adequately fill out complaint forms. As
stated by the European Court of Human Rights in Ciorap v. Moldova, the onus is on
the State to ensure that prisoners’ rights and obligations are communicated
effectively to them. 14 Rule 35 should provide for the obligation to make such
information available in both written and oral form, in Braille and easy-to-read
formats, and in sign languages for deaf or hard-of-hearing individuals, and to
display it prominently in all places of deprivation of liberty.
80. The Rules should provide for a simple and accessible mechanism for filing
complaints (e.g. through the installation of telephone hotlines or confidential
complaint boxes) by persons deprived of their liberty or third parties acting on their
behalf (Body of Principles, principle 33 (1) and (2)). Such a mechanism should
facilitate the filing of complaints, without delay or censorship, to the administration
of the place of detention or penitentiary institution and to judicial authorities and
other independent national authorities with investigatory and/or prosecutorial
powers. The threshold for a complaint must be as low as possible, in particular in the
context of detention. In this respect, the Committee against Torture has established
that a formal submission or express statement of the complainant is not required and
that an allegation brought in a non-bureaucratic manner, either verbally or in writing,
to the attention of a State official suffices. 15 If the initial request or complaint is
rejected or a response to it is unduly delayed, it should be possible to file a complaint
with a judicial or other authority (Body of Principles, principle 33 (4)).
__________________
13
14
15
20/23
Ireland, Office of the Inspector of Prisons, Guidance on Best Practice relating to Prisoners’
Complaints and Prison Discipline (2010), para. 3.11.
Ciorap v. Moldova, application No. 12066/02 (2007).
Parot v. Spain, Comm. No. 6/1990, para. 10.4.
13-42285
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents