A/HRC/52/30
cases and the presentation of periodic statistical reports). 79 Given the recurring theme of
power asymmetry between the accuser and the accused in torture cases, ordinary complaints
procedures relating to general administration bodies are likely to need to be adjusted.
58.
Informing all new arrivals to closed facilities about how and to whom they can make
complaints and the standards of care they can expect while deprived of their liberty is an
elementary good practice. The State must report regularly and publicly on the number and
the outcome of complaints. A significant number of countries, including Maldives, Morocco,
Nigeria, South Africa, Spain and Uganda, have established complaints channels to national
human rights institutions or other similar bodies, with various responsibilities to pass on
complaints to prosecutorial or other competent authorities.
59.
Placing complaint boxes in prisons, for example, in easily accessible confidential
locations not monitored by closed circuit television is a simple precaution against
intimidation or retaliation. Such boxes should be opened by an independent complaints
body80 that is not part of the prison administration. Complaints procedures must be accessible
to persons in situations of vulnerability or with special needs, such as juveniles, persons with
disabilities and persons with language or other barriers to effective communication. Rule 25
(1) of the United Nations Rules for the Treatment of Women Prisoners and Non-custodial
Measures for Women Offenders (the Bangkok Rules) states that women prisoners who report
abuse shall be provided immediate protection, support and counselling.
60.
Making information available on complaints procedures in multiple languages,
pictorial images or through confidential phone lines or computer terminals promotes
accessibility despite illiteracy and language barriers. 81 Georgia’s Juvenile Justice
Ombudsman has produced a series of easy-to-understand posters on what to do and provides
a toll-free number to report abuse or complaints.82 In Hungary, assistance is provided to the
elderly in care homes and patients in psychiatric hospitals through a “patient advocacy”
system of laypersons who are designated to meet with residents, inform them of their rights
and explore their complaints and concerns.83 The Independent Office for Police Conduct in
England and Wales has adopted statutory guidance for handling and investigating complaints
of police misconduct, addressing issues of accessibility for vulnerable or marginalized
community members.
G.
Prompt, impartial and effective investigations
61.
States have a duty to act as soon as a complaint has been lodged or, in the absence of
a complaint, to investigate ex officio “wherever there is reasonable ground to believe that an
act of torture has been committed in any territory under their jurisdiction”.84 The duty to
investigate continues to apply in difficult security conditions, such as generalized violence
or armed conflict despite the obvious challenges presented in such situations.85 The minimum
standards applicable include that the investigation be independent, impartial and subject to
79
80
81
82
83
84
85
14
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules),
rules 54–57; Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment (General Assembly resolution 43/173), principle 33; United Nations Rules for the
Protection of Juveniles Deprived of their Liberty (General Assembly resolution 45/113), rules 75–78;
Bangkok Rules, rule 25.
Submission by the Association for the Prevention of Torture.
Convention against Torture Initiative, UNCAT Implementation Tool 7/2019, “Procedures and
mechanisms to handle complaints of and investigations into torture or other ill-treatment”.
Ibid.
Ibid.
Convention against Torture, art. 12. Committee against Torture, Parot v. Spain, communication No.
6/1990, para. 10.4. Nelson Mandela Rules, rule 71.
European Court of Human Rights, Case of Mocanu and Others v. Romania, Application Nos.
10865/09, No. 45886/07 and No. 32431/08, 17 September 2014, para. 319.
GE.23-03126