2.3.21 Complaints system for detained persons Condensed entry: Detained or imprisoned person or their counsel shall have the right to make a request or complaint regarding treatment to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers. A family member of the detained person or any other person may submit complaints on behalf of the detained person when he or she is unable to do so. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective. Comprehensive entry: The Body of the Principles for the Protection of All Persons under any Form of Detention or Imprisonment provides:[1] A detained or imprisoned person or his counsel shall have the right to make a request or complaint regarding his treatment, in particular in case of torture or other cruel, inhuman or degrading treatment, to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers. A detained person should have the possibility to submit a complaint to ‘the inspector of prisons’[2] and similar institutions as well as to a court.[3] The authorities at a place of detention should not censor any complaints submitted to other authorities.[4] A family member of the detained person or any other person may submit complaints on behalf of the detained person when he or she is unable to do so.[5] A complainant may request that a complaint is treated with confidentiality.[6] A detained person has the right to consult with legal counsel to determine whether a complaint should be submitted.[7] (See *access to legal counsel*). The Body of the Principles further provides:[8] Every request or complaint shall be promptly dealt with and replied to without undue delay. If the request or complaint is rejected or, in case of inordinate delay, the complainant shall be entitled to bring it before a judicial or other authority. Neither the detained or imprisoned person nor any complainant under paragraph 1 of the present principle shall suffer prejudice for making a request or complaint. According to the HRC, the right to lodge complaints against torture or cruel, inhuman or degrading treatment must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective.[9] (See *failure to investigate*). States must put in place a system to ensure an effective system of dealing with complaints of persons deprived of their liberty. The Special Rapporteur on Torture noted in his report on a mission to Cameroon that most cases of torture and other ill-treatment in detention ‘are not reported to the relevant authorities because of ignorance, lack of confidence or fear of reprisals on the part of the victims and their families.’[10]
[1] Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment (Body of Principles) art 33(1). See also SMR art 36, European Prison Rules para 70, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas principles V, VII. [2]SMR art 36(2). [3]SMR art 36(3). [4]SMR art 36(34). [5]Body of Principles art 33(2). [6]Body of Principles art 33(3). [7]European Prison Rules para 70(7). [8]Body of Principles art 33(4). [9] HRC General Comment 20 para 14. See also Aydin v Turkey application 23178/94 (ECtHR 1997) para 103. [10] Visit by the Special Rapporteur to Cameroon, E/CN.4/2000/9/Add.2, para 5.
Condensed entry:
Detained or imprisoned person or their counsel shall have the right to make a request or complaint regarding treatment to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers. A family member of the detained person or any other person may submit complaints on behalf of the detained person when he or she is unable to do so. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective.
Comprehensive entry:
The Body of the Principles for the Protection of All Persons under any Form of Detention or Imprisonment provides:[1]
A detained or imprisoned person or his counsel shall have the right to make a request or complaint regarding his treatment, in particular in case of torture or other cruel, inhuman or degrading treatment, to the authorities responsible for the administration of the place of detention and to higher authorities and, when necessary, to appropriate authorities vested with reviewing or remedial powers.
A detained person should have the possibility to submit a complaint to ‘the inspector of prisons’[2] and similar institutions as well as to a court.[3] The authorities at a place of detention should not censor any complaints submitted to other authorities.[4] A family member of the detained person or any other person may submit complaints on behalf of the detained person when he or she is unable to do so.[5] A complainant may request that a complaint is treated with confidentiality.[6] A detained person has the right to consult with legal counsel to determine whether a complaint should be submitted.[7] (See *access to legal counsel*).
The Body of the Principles further provides:[8]
Every request or complaint shall be promptly dealt with and replied to without undue delay. If the request or complaint is rejected or, in case of inordinate delay, the complainant shall be entitled to bring it before a judicial or other authority. Neither the detained or imprisoned person nor any complainant under paragraph 1 of the present principle shall suffer prejudice for making a request or complaint.
According to the HRC, the right to lodge complaints against torture or cruel, inhuman or degrading treatment must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective.[9] (See *failure to investigate*).
States must put in place a system to ensure an effective system of dealing with complaints of persons deprived of their liberty. The Special Rapporteur on Torture noted in his report on a mission to Cameroon that most cases of torture and other ill-treatment in detention ‘are not reported to the relevant authorities because of ignorance, lack of confidence or fear of reprisals on the part of the victims and their families.’[10]
[1] Body of Principles for the Protection of All Persons under any Form of Detention or Imprisonment (Body of Principles) art 33(1). See also SMR art 36, European Prison Rules para 70, Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas principles V, VII.
[2]SMR art 36(2).
[3]SMR art 36(3).
[4]SMR art 36(34).
[5]Body of Principles art 33(2).
[6]Body of Principles art 33(3).
[7]European Prison Rules para 70(7).
[8]Body of Principles art 33(4).
[9] HRC General Comment 20 para 14. See also Aydin v Turkey application 23178/94 (ECtHR 1997) para 103.
[10] Visit by the Special Rapporteur to Cameroon, E/CN.4/2000/9/Add.2, para 5.