–4– This implies that special measures should be taken to make complaints mechanisms more accessible for persons with particular needs, such as juveniles,3 persons with psychosocial and/or learning disabilities,4 or persons having problems with understanding, speaking, reading or writing the official language(s) of the country concerned, including foreigners. It should also be stressed that access to the complaints bodies should not be contingent on legal competence. For instance, the fact that a person benefits from legal representation should not affect his or her own right to make complaints. Like any other complainant, he or she should be heard in person. It is also important that, whenever necessary, appropriate support is provided. In particular, it is advisable that juveniles, persons with disabilities, including psychosocial and/or learning disabilities, or foreigners deprived of their liberty have the possibility of being assisted by a person or body that can help them understand and exercise their rights. In addition, it is important that the professionals concerned receive specialised training in the handling of such complaints. 3. Confidentiality / safety 84. Direct and confidential access to complaints bodies should be secured (e.g. by installing locked complaint boxes accessible to complainants in appropriate locations, to be opened only by persons specially designated to ensure the confidentiality of the complaints). Staff who have persons deprived of their liberty directly in their charge should not be in a position to filter complaints. 85. The necessary efforts should also be made to ensure that complainants remain free from intimidation and reprisals. In this connection, staff at all levels should receive the clear message that any kind of threats, attempts to prevent complaints from reaching the relevant complaints bodies, or intimidatory or retaliatory action will not be tolerated and will be the subject of appropriate sanctions. 4. Effectiveness 86. Effective complaints mechanisms should process complaints promptly, thoroughly and expeditiously. They should also contribute to preventing further rights violations and, where appropriate, may offer compensation. Complaints that are upheld should lead to any rights violations identified being remedied, responsibility for any such violations being determined and, if necessary, a suitable sanction imposed upon those responsible. When required, legal assistance should be provided to complainants. Complaints bodies should also be entitled to initiate ex officio proceedings (i.e. without a formal complaint being lodged) whenever there are indications of serious rights violations. In this context, the adequacy of the investigations into complaints (or any other information indicative) of torture and other forms of ill-treatment has been the subject of an extensive case-law of the European Court of Human Rights and has been dealt with at length in the CPT’s 14th General Report. 87. In the CPT’s experience, the perceived fairness of a complaints system is also crucial to its effectiveness in combating impunity and promoting a safe environment in the institutions concerned. The system should inspire public confidence and its operation should not dissuade the persons in question from making complaints. In this context, independent complaints bodies 3 See also paragraph 131 of the CPT’s 24th General Report and Recommendation CM/Rec (2008) 11 of the Committee of Ministers of the Council of Europe on the European Rules for juvenile offenders subject to sanctions or measures. 4 See, in this connection, paragraph 76 of the judgment of 19 February 2015 of the European Court of Human Rights in the case of M. S. v. Croatia (No. 2), which became final on 19 May 2015.

Select target paragraph3