3.4.
The right to petition
According to international standards, each person in police custody has the right to
appeal to the central prison administration, judicial authorities or other competent authorities,
with requests or complaints, without censorship in terms of content, and transmitted through
approved channels to the central prison administration, judicial authorities, or other
authorities. Complaints and requests shall be subject to prompt consideration and shall be
replied to without undue delay.
Standard Minimum Rules provide the possibility to each prisoner, during a week day,
access to the director of the institution or the officer authorized by him/her with requests and
complaints. During an inspection, the prisoners should be given the opportunity to submit
applications or complaints to the prison inspectors in the absence of members of the staff.
Every prisoner shall have the opportunity to apply to the central government, the judicial
authorities or other competent authorities with requests or complaints, which shall be
transmitted through approved channels, without being censored.
According to national legislation, the detainee has the right to appeal to the state
authorities and to the officials about his/her criminal prosecution (complaints about the actions
of bodies of inquiry, investigation and prosecutor), as well as about the conditions in TDFs and
for any other reason.
The CPC of KR obliges the administration of the detention facilities to immediately
transmit to the investigator, the prosecutor and the court, complaints of persons detained on
suspicion of committing a crime or persons held in custody. Complaints of persons detained or
held in custody, about actions of the bodies of inquiry or about actions or decisions of the
investigator of detention facilities, shall be immediately transmitted to the prosecutor
supervising the investigation of the case or the court, and complaints about the actions and
decisions of the prosecutor – to a higher prosecutor. Other complaints about administration of
a detention facility shall be transferred to a person or body in charge of the case no later than
the day after their receipt.
The law on detention in custody provides for the right to suspects and accused persons
to be acquainted with the procedure for submission of proposals, applications and complaints,
and the law establishes their right to make proposals, requests and complaints in court,
including on the rule of law, the validity of their detention in custody and violation of their
legitimate rights and interests. The same law clearly provides the procedure for sending
proposals, applications and complaints of suspects and defendants.
The law does not allow any form of persecution of suspects and defendants because of
proposals, requests or complaints concerning violations of their rights and legitimate interests.
Officials of detention facilities, who are guilty of such persecution, shall bear responsibility in
accordance with the law.
The Head of a TDF and his/her deputy are required to visit cells and receive from
suspects and accused their proposals, statements and complaints, in writing and verbally.
54 | Annual Report 2014
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