Complaints

Contents

1. Inspections and oversight in closed institutions
1.1. Why monitor prisons? – The need for an effective complaint mechanism and monitoring
1.1.1. Effective oversight: a human need
1.1.2. Effective oversight: a legal obligation
1.1.3. Effective oversight: an accountability-based approach
1.1.4. Effective oversight: criminological aspects
1.2. What to monitor and how?
1.3. What European standards exist?
1.4. What European models exist?
1.4.1. Types of European monitoring models
1.4.2. Typology from an organisational perspective
1.5. Previous studies on the situation in countries of Central and Eastern Europe and the former Soviet Union
1.5.1. Developments and problems in the 1990s
1.5.1.1. Procedures for filing and reviewing complaints in the region
1.5.1.2. Inspections and oversight
1.5.2. Developments, achievements, and problems in the 2000s
1.5.2.1. Complaints
1.5.2.2. Inspections and oversight
2. Internal complaint mechanisms in places of detention
2.1. Basic information on internal complaint mechanisms
2.1.1. Grounds for filing a complaint
2.1.2. Who has the right to file a complaint?
2.1.3. Who investigates the complaint and makes the decision?
2.2. Investigations into internal complaints
2.2.1. Formal requirements and deadlines for filing complaints, suspension of decision execution
2.2.2. Investigative measures and procedural rights
2.2.3. Confidentiality
2.2.4. Legal representation and legal aid
2.2.5. Duration of procedures
2.3. Outcome and appeals
2.3.1. Outcome
2.3.2. Appeals and judicial oversight
2.4. Prisoners’ forum
3. External complaint and review mechanisms
3.1. Basic information on external complaint mechanisms
3.1.1. Grounds for filing a complaint
3.1.2. Who has the right to file a complaint?
3.1.3. Who investigates the complaint and makes the decision?
3.2. Investigations into external complaints
3.2.1. Formal requirements and deadlines for filing complaints, suspension of decision execution
3.2.2. Investigative measures and procedural rights
3.2.3. Confidentiality
3.2.4. Legal representation and legal aid
3.2.5. Outcome
3.3. Expert opinions on system effectiveness and key statistical data
4. The role of NGOs in prison oversight
4.1. Oversight by non-governmental organisations
4.2. Advance notification of visits
4.3. Rights during visits and results of visits
5. Current standards of the European Court of Human Rights
5.1. Introduction
5.2. Article 3
5.2.1. Torture and inhuman or degrading treatment
5.2.2. Conditions of detention
5.2.3. Vulnerable groups
5.2.3.1. Mental illness
5.2.3.2. Age
5.2.3.3. Health
5.2.3.4. Physical disability
5.2.3.5. Persons suffering from drug dependency
5.2.4. Effective investigation
5.3. Modified standards in prison cases
5.3.1. Cumulative effect of detention conditions
5.3.2. Standard of proof
5.3.3. Plausible explanation
5.4. The role of CPT findings for the case law of the ECtHR
5.5. Article 13
5.6. Article 6 (1)
5.6.1. Independent mechanism
5.6.2. Court established by law

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