Upon admission, every prisoner shall be promptly provided with written information about:
(b) His or her rights, including authorized methods of seeking information, access to legal advice, including through legal aid schemes, and procedures for making requests or complaints [...]
Procédures de plaintes
Upon admission, every prisoner shall be promptly provided with written information about:
1. Every prisoner shall have the opportunity each day to make requests or complaints to the prison director or the prison staff member authorized to represent him or her.
2. It shall be possible to make requests or complaints to the inspector of prisons during his or her inspections. The prisoner shall have the opportunity to talk to the inspector or any other inspecting officer freely and in full confidentiality, without the director or other members of the staff being present.
3. Every prisoner shall be allowed to make a request or complaint regarding his or her treatment, without censorship as to substance, to the central prison administration and to the judicial or other competent authorities, including those vested with reviewing or remedial power.
4. The rights under paragraphs 1 to 3 of this rule shall extend to the legal adviser of the prisoner. In those cases where neither the prisoner nor his or her legal adviser has the possibility of exercising such rights, a member of the prisoner’s family or any other person who has knowledge of the case may do so.
1. Every request or complaint shall be promptly dealt with and replied to without delay. If the request or complaint is rejected, or in the event of undue delay, the complainant shall be entitled to bring it before a judicial or other authority.
2. Safeguards shall be in place to ensure that prisoners can make requests or complaints safely and, if so requested by the complainant, in a confidential manner. A prisoner or other person mentioned in paragraph 4 of rule 56 must not be exposed to any risk of retaliation, intimidation or other negative consequences as a result of having submitted a request or complaint.
3. Allegations of torture or other cruel, inhuman or degrading treatment or punishment of prisoners shall be dealt with immediately and shall result in a prompt and impartial investigation conducted by an independent national authority in accordance with paragraphs 1 and 2 of rule 71.
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.
2. In those cases where neither the detained or imprisoned person nor his coun- sel has the possibility to exercise his rights under paragraph 1 of the present principle, a member of the family of the detained or imprisoned person or any other person who has knowledge of the case may exercise such rights.
3. Confidentiality concerning the request or complaint shall be maintained if so requested by the complainant.
4. Every request or complaint shall be promptly dealt with and replied to with- out undue delay. If the request or complaint is rejected or, in case of inordi- nate 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.
Every juvenile should have the opportunity of making requests or complaints to the director of the detention facility and to his or her authorized representative.
Every juvenile should have the right to make a request or complaint, without censorship as to substance, to the central administration, the judicial authority or other proper authorities through approved channels, and to be informed of the response without delay.
Efforts should be made to establish an independent office (ombudsman) to receive and investigate complaints made by juveniles deprived of their liberty and to assist in the achievement of equitable settlements.
Every juvenile should have the right to request assistance from family members, legal counsellors, humanitarian groups or others where possible, in order to make a complaint. Illiterate juveniles should be provided with assistance should they need to use the services of public or private agencies and organizations which provide legal counsel or which are competent to receive complaints.
1. Women prisoners who report abuse shall be provided immediate protection, support and counselling, and their claims shall be investigated by competent and independent authorities, with full respect for the principle of confidentiality. Protection measures shall take into account specifically the risks of retaliation.
Authorities must ensure that each prisoner is informed about and has effective access to complaints procedures regardless of language or any other obstacles arising from his or her minority status.
Prisoners shall have ample opportunity to make requests or complaints, without censorship as to the substance, to the director of the prison or other authority within the prison system and to a judicial or other independent authority with reviewing and remedial power.
If an informal alternative method of resolving a request or complaint seems appropriate, this should be tried first.
When complaints are made regarding ill-treatment or other serious human rights violations, informal methods shall not be considered.
Practical information about request and complaint procedures shall be communicated effectively to all prisoners.
Complaints relating to death or ill-treatment in prison shall be dealt with without delay and shall result in an effective investigation in accordance with Rule 55.
All requests and complaints shall be dealt with as soon as possible and through a process that ensures, to the maximum possible extent, the prisoners’ effective participation.
If a request or a complaint is rejected, reasons shall be provided to the prisoner without delay and, if the decision was made by the director or other authority within the prison system, the prisoner shall have the right to appeal to a judicial or other independent authority with reviewing and remedial power.
Measures shall be in place to ensure that prisoners can make requests or complaints confidentially, if they choose to do so.
Prisoners shall not be exposed to any sanction, retaliation, intimidation, reprisals or other negative consequences as a result of having submitted a request or complaint.
Prisoners may make a request or complaint personally or through a legal representative and are entitled to seek legal advice about complaints and appeal procedures and to legal assistance when the interests of justice require.
No complaint by a legal representative or organisation concerned with the welfare of prisoners may be brought on behalf of a prisoner if the prisoner concerned does not consent to it being brought.
The competent authority shall take into account any written complaints from relatives of a prisoner or any other person or organisation concerned with the welfare of prisoners.
The relevant prison authority shall keep a record of requests and complaints made, with due consideration to the principles of confidentiality and safety.
All persons deprived of liberty shall have the right, exercised by themselves of by others, to present a simple, prompt, and effective recourse before the competent, independent, and impartial authorities, against acts or omissions that violate or threaten to violate their human rights. In particular, persons deprived of liberty shall have the right to lodge complaints or claims about acts of torture, prison violence, corporal punishment, cruel, inhuman, or degrading treatment or punishment, as well as concerning prison or internment conditions, the lack of appropriate medical or psychological care, and of adequate food.
Persons deprived of liberty shall have the right of individual and collective petition and the right to a response before judicial, administrative, or other authorities. This right may be exercised by third parties or organizations, in accordance with the law.
This right comprises, amongst others, the right to lodge petitions, claims, or complaints before the competent authorities, and to receive a prompt response within a reasonable time. It also comprises the right to opportunely request and receive information concerning their procedural status and the remaining time of deprivation of liberty, if applicable.
Persons deprived of liberty shall also have the right to lodge communications, petitions or complaints with the national human rights institutions; with the Inter-American Commission on Human Rights; and with the other competent international bodies, in conformity with the requirements established by domestic law and international law.
Efective complaints and inspection procedures are basic safeguards against ill-treatment in all places of detention, including detention centres for juveniles. Juveniles (as well as their parents or legal representatives) should have avenues of complaint open to them within the establishments' administrative system and should be entitled to address complaints on a confdential basis to an independent authority. Complaints procedures should be simple, efective and child-friendly, particularly regarding the language used. Juveniles (as well as their parents or legal representatives) should be entitled to seek legal advice about complaints and to beneft from free legal assistance when the interests of justice so require.
a. All persons deprived of their liberty shall have the right to lodge a complaint with a competent, independent and impartial authority with a mandate to conduct prompt and thorough investigations in a manner consistent with the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa.
a. States shall establish, and make known, internal and independent complaints mechanisms for persons in police custody and pre-trial detention.
b. Access to complaints mechanisms shall be guaranteed for all persons in police custody and pre-trial detention, without fear of reprisals or punishment.
c. Detainees shall have the right, and be provided with the facilities, to consult freely and in full confiden- tiality with complaints mechanisms, subject to reasonable conditions to ensure security and good order in the place of detention.
d. There shall be thorough, prompt and impartial investigations of all complaints and, where they are
well-founded, appropriate remedial action shall be taken without delay.