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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: As a public body, Her Majesty’s Prison and Probation Service (HMPPS) has a duty to ensure equality and prevent discrimination. A recent independent review into the treatment of Black and Minority Ethnic (BAME) offenders in England and Wales, identified that BAME prisoners report disproportionately negative treatment as compared to white prisoners. Further research in this area has identified that there is unfairness in the current complaints process resulting in a lack of confidence in the system from prisoners. HMPPS is therefore reviewing the processes in place for prisoners and staff to make complaints about discrimination, and would like to draw learning from other countries.
SPS has a mainstream complaints system. A complaint is a complaint and our staff are trained to investigate any style of complaint. If a complaint has an E&D or discriminatory element that require specialist E&D help, this is available from SPS HQ E&D team and each establishment has an Unit Manager who has responsibility for E&D and can support the process and investigation. People in custody E&D complaints are also monitored by the E&D team at HQ.
How are complaints investigated?SPS endeavours to resolve complaints informally at the lowest possible level of the formal complaints system. People in custody will use the Prisoner complaints and disciplinary appeals process. A residential first line manager will investigate the complaint; if it is a confidential complaint the Governor will investigate. All SPS staff are trained in Equality and Diversity. As part of any investigation support can be requested from E&D team at SPS HQ and E&D Managers in establishments. Staff will access the SPS Employees Grievance policy by informing HR Department which will appoint the appropriate manager who will investigate to establish the facts. Visitors to prisons should talk to a member of SPS staff in the first instance. If after discussing the issue they remain dissatisfied they should write to a Senior Manager who will investigate the complaint.
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?There is a time bound process that allows for a reasonable period to complete an investigation. Staff, visitors and people in custody are made aware of time limits at the start of the process.
What standard of proof and/or evidence is required for allegations of discrimination?All investigations will establish all the facts.
If a complaint is upheld, what are the consequences?Discrimination, harassment and victimisation because of race, disability, sexual orientation, sex, religion or belief, marriage or civil partnership, pregnancy and maternity, gender reassignment and age are forms of prohibited conduct that are unacceptable in the SPS. For people in custody this would result in a disciplinary report. The Governor would take action, with a potential referral to the Police for further investigate of a crime. For a member of staff this would result in a code of conduct, potentially involving dismissal and referral to the Police for further investigation of a crime. For a visitor this would result in conditions being placed on entry to prison and potential refusal to the prison and referral to the Police for further investigation of a crime.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?People in custody E&D complaints are monitored locally at E&D meetings and trends are reported to Quarterly National E&D meetings and discussed by senior managers at E&D Steering Group. The National SPS Equality and Diversity team monitors E&D complaints. National Surveys on people in custody, staff and visitors use robust analysis to drive continuous improvement in equality and diversity. Aligning our equality outcomes to corporate planning also mainstreams outcome progress reporting across our established corporate reporting processes, ensuring that equality and human rights receive the focus they require from all business areas. The SPS Equality Outcomes can be viewed on the SPS website.
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.Vince Fletcher, SPS Equality and Diversity Manager - [email protected]
1. The prohibition of discrimination is an accessory right, i.e. an individual cannot rely on it directly but only in connection with another right that has been violated. The legislation concerning the conditions of pre-trial detention, prison sentence execution and employment relations of the prison service staff refers to the general regulation of the prohibition of discrimination and legal protection in matters concerning the infringement of the principle of equal treatment defined in the Act no 365/2004 Coll. on Equal Treatment in Certain Areas and on Protection against Discrimination as amended (Antidiscrimination Act) as amended. 2. Anyone who believes his/her rights, interests or freedoms protected by law are or have been affected by not observing the principle of equal treatment can claim his/her rights in the court. The procedure of filing “allegations” of discrimination is thus the same as in case of objecting discrimination outside the prison environment and is regulated in the Antidiscrimination Act.
How are complaints investigated?Proceeding in matters relating the violation of the principle of equal treatment starts on a proposal of the person who objects that his/her right has been affected by violation of the principle of equal treatment (hereinafter “the applicant“). The applicant is obliged to appoint the person about whom he/she claims to have violated the principle of equal treatment (hereinafter “the defendant”). The defendant is obliged to prove that he/she has not violated the principle of equal treatment; if the applicant has reported to the court the facts of which it can be concluded for cause that the principle of equal treatment has been violated. Another proceedings in matters relating the violation of the principle of equal treatment are regulated by the general procedural arrangements of proceedings before the court (Act no 160/2015 Coll. Civil Litigation Rule).
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?The complainant – applicant is a party to the proceedings. The court instructs the complainant in an appropriate way in the first procedural act in relation to the applicant about the possibility of representation as well as about one´s procedural rights and duties not only in the extent of the general instruction obligation but it instructs him/her about the proofs that are necessary to be presented, about the possibility to file a motion for an urgent measure or precautionary measure and about other possibilities necessary for an effective exercise or obstructing of one´s rights.
What standard of proof and/or evidence is required for allegations of discrimination?A proof can be anything that can contribute to the appropriate clarification of the matter and what has been lawfully acquired from the means of proof. Means of proof is mainly hearing of the party, hearing of the witness, expert opinion and expert evidence and reconnaissance. If the way of the proof execution has not been prescribed, the court shall determine it.
If a complaint is upheld, what are the consequences?One who has not respected the principle of equal treatment (thus in case of the prison service) shall (depending on the claim) refrain from its acting, retrieve the irregular situation or provide an appropriate compensation.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?No
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.No
According with The Constitution of the Republic of Latvia, Law On Submissions and Administrative Procedure Law everyone has the right to submit a document (submission/application, etc.) to the Latvian Prison Administration. According with Section 3 Part 3 of the Law On Submissions, the submission may be submitted in writing, in electronic form or expressed in oral form. A submission expressed in oral form shall be drawn up in writing, if necessary, in the presence of a private person and a copy thereof shall be issued to the submitter. According with Part 2 of the same section, Data regarding the submitter thereof (for a natural person - the given name and surname, as well as the address and, if necessary, other data which help to communicate with the submitter; for a legal person - the name and legal address) shall be indicated for in the submission. According with Section 56 Part 1 of the Administrative Procedure Law, Submissions may be submitted orally or in writing. In the submission shall be set out the given name, surname and place of residence of the submitter (for a legal person - the name, address, registration number) and the claim; it shall bear the signature of the submitter. The institution shall immediately formalise an oral submission in writing and the submitter shall sign it.
How are complaints investigated?All submissions received in the Latvian Prison Administration (from prisoners, personnel and other persons) are received and reviewed according with the order stated in the normative acts. There is no special order set for reviewing submissions regarding cases of discrimination against black and ethnic minority groups. All received submissions Latvian Prison Administration reviews according with the order set in the Law On Submissions and Administrative Procedure Law.
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?According with Section 5 Part 3 of the Law On Submissions, An institution shall provide a reply on the merits within a reasonable period of time, taking into account the urgency of solving the issue referred to in the submission, but not later than within one month after receipt of the submission, unless otherwise provided by the law.
What standard of proof and/or evidence is required for allegations of discrimination?LPA have not had experience regarding such cases.
If a complaint is upheld, what are the consequences?According with Section 64 Part 1 of the Administrative Procedure Law, If an administrative matter is initiated on the basis of a submission, an institution shall take a decision regarding the issue of an administrative act or termination of the matter within a month from the day the submission is submitted, provided that a shorter term is not prescribed in a regulatory enactment. And according with Part 2 of the same section, if due to objective reasons it is not possible to comply with the one month time period, the institution may extend it for a period not exceeding four months from the day the submission is submitted, notifying the submitter thereof.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?Latvian Prison Administration informs that there have been no complaints from persons belonging to a black or ethnic minority group regarding an incident of discrimination in Latvian imprisonment places.
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.LPA have not had experience regarding such cases.
According to regulations of the Law on Execution of Prison Sentences, prisoners may file a complaint about the proceedings or the decision of a prison or prison employee. Complaints can be filed verbally or in writing to the penitentiary or prison administrator, the Central Office of the Directorate for Prison System and Probation and the Judge of the Execution. Further, as well as all citizens of the Republic of Croatia, prisoners can file a complaint with the Ombudsman, the Ethics Commissioner and other state bodies responsible for human rights protection (the committees of the Government of the Republic of Croatia, the Croatian Parliament). Prison staff and visitors may submit a complaint to the prison manager, the Central Office of the Directorate for Prison System and Probation, the Ombudsman, the Ethics Commissioner and other state bodies responsible for the protection of human rights
How are complaints investigated?Complaint is investigated by conducting a test procedure in which all relevant facts related to the complainant's allegations are being analyzed.
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?If the prisoner submits a written complaint to the prison manager, the manager is obliged to provide the prisoner with a written reply within 15 days. If the prisoner submits a written complaint to the Central Office or the execution judge, they are obliged to provide a written reply within 30 days. The deadline for responding to complaints that are filed to other mentioned bodies by prison employees, prisoners and visitors is 30 or 60 days from filing the complaint.
What standard of proof and/or evidence is required for allegations of discrimination?In the process of examining the merits of the complaint, written declarations of the officer to whom the complaint relates, statements of other officials and persons who have immediate knowledge of the content of the complaint, will be requested and also other actions necessary to establish the factual situation will be taken.
If a complaint is upheld, what are the consequences?In the event of confirmation of the merits of the complaint, the prison manager as well as the assistant minister in charge of the prison system may, depending on the type and severity of the violation, initiate proceedings for violation of official duty or inform in writing the civil servant of unethical conduct and the need to comply with the legal provisions and the provisions of the Code of Ethics of Civil Servants.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?Penitentiaries and prisons keep records of all complaints filed by prisoners, and they are analyzed when drafting the Annual Report on the Status and Work of Penitentiaries and Prisons
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.contact: [email protected]
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According to Turkish Constitution article 10; "Everyone is equal before the law without a discrimination in language, color, race, gender, political thought, philosophical belief,religion, denomination and similar causes." According to Execution of Penal and Safety Precuations Law no 5275 article 2;" The rules related to execution of penal and safety precuations, are implemented without a discrimination in language, color, race, gender, political thought, philosophical belief,religion, denomination, economic situation, and other social positions." In case of an allegation of an incident of discrimination, both administrative and judicial application processes are open, it would be enough to apply with a petition or verbal expression. Both prisoners, staff and visitors could apply with a petition or verbal expression to prison administration, Republic Head Prosecutor and General Directorate, send their petition by fax, mail or e-mail to General Directorate, apply to Prime Ministry Communication Center(BİMER), Presidency Communication Center(CİMER)and Turkish Grand Nation Council(TBMM), UYAP(National Judicial Network) citizen portal. For the applications made to our General Directorate, petitions or verbal expression documents are delivered to republic Head Prosecutors to search the case both in administrative and judicial processes. Also, prisons in Turkey are open to national and international control. In case of allegations of discriminations, authorized staff from General Directorate, Republic Head Prosecutors, prosecutors that are responsible from prisons, inspectors of Ministry of Justice, prison auditors make investigations in prisons. On the other hand, prisons are visited by Turkish Grand Nation Council(TBMM), Turkish Human Rights Institution, CPT, European Council Human Rights Commission and every two months by monitoring boards that consist of NGO's.
How are complaints investigated?Complaints that reached to judicial authorities, are investigated by public prosecutors and in case of appropriate allegations, a case is opened. Complaints that reached to administrative authorities, discipline investigations are being started and judicial authorities are being informed.
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?The complainants are informed in written form and verbal expression about the results of investigations.
What standard of proof and/or evidence is required for allegations of discrimination?Without limitation, complainants could present the proofs with their petition or verbal expression document.
If a complaint is upheld, what are the consequences?If a complaint is upheld, according to Government Employee Law, article 125; in case of a situation of discrimination, between 1-3 years, a government employee lose the chance of raising his/her government employee degree.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?-
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.-
Prisoners can complain using the complaints system provided for complaints of any nature, however, if they feel there is a case of bullying in respect of the discrimination they can request that a case be opened
How are complaints investigated?In the first instance complaints are directed to the senior Officer in charge of the residential location. They will interview the inmate in question and if possible provide an answer that is acceptable to both parties. If further investigation is required the complaint will then be sent to the relevant parties for their input. Only when an inmate is content with the reply will the complaint be classed as closed. The Prisoner Ombudsman may become involved at the final stage.
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?At each stage of the process the inmate will receive a printed response for their own records along with advice on how to escalate the complaint should they wish.
What standard of proof and/or evidence is required for allegations of discrimination?If physical or other proof is available this will be presented in front of the Senior Officer/Governor carrying out the investigation. If witnesses are called they will be interviewed. If none of this is available both parties involved will be interviewed and the investigator will give their findings on the incident.
If a complaint is upheld, what are the consequences?This is on an individual basis depending on the severity of the complaint.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?Establishments carry out an overriding investigation every month at their Equality and Diversity meeting. This will examine the various sections of the prison population to make sure there is no bias or discrimination on any of the S75 groups or at an individual level. Investigations will be launched into any trends that are identified across all complaints and not just those alleging discrimination.
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.An allegation of an incident of discrimination in a prison can arise from different situations with different parties involved. It can be an allegation from an inmate against staff, from staff against an inmate, from a staff-member against another staff-member and from an inmate against another inmate. In addition, a visitor can be one of the parties. In Norway there are several acts relating to equality and prohibition against discrimination. - First of all, we have a new act entered into force January 1th 2018 – Act relating to equality and a prohibition against discrimination (Equality and Anti-Discrimination Act). This act applies in all sectors of society and is therefore of importance to all the situations mentioned above. - The staff in a prison is in addition covered by the Act relating to working environment, working hours and employment protection, etc (Working Environment Act) from 2005. This act has a chapter regulating employees protection against discrimination (chapter 13). - Finally, there are provisions against discrimination in our Penal Code, for example section 185 (Hate speech) and 186 (Discrimination). The Norwegian Correctional Service does not have specific rules or processes for Anti-discrimination. The ordinary rules and processes will be followed, depending on the situation and the parties.
How are complaints investigated?Complaints are investigated according to their character and severity. The most serious cases will be sent to the police, while others will be handled internally as personal cases. In addition, we have the Equality and Anti-discrimination ombudsman. The ombudsman is an alternative to court proceedings in cases of discrimination, and is a low threshold option that is easily accessible. Those who believe they have been exposed to discrimination can receive advice and guidance from the Ombudsman. If that is not successful, the Ombudsman can treat the matter as a complaint case.
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?This will depend upon the complaint.
What standard of proof and/or evidence is required for allegations of discrimination?All investigations will establish all the facts. The burden of proof is less demanding in civil cases (The Equality and Anti-Discrimination Act and the Working Environment Act) than criminal ones (The Penal Code).
If a complaint is upheld, what are the consequences?This will rely on the severity and the nature of the complaint. If there is an inmate who has done something discriminating, the consequences may be sanctions after The Execution of Sentences Act, transfer to another prison or report to the police. If there is a staff-member who has done something discriminating, it can be sanctioned according to the labour legislation or the Penal Code. The sanctions according to the labour administration can be warning and - in the most severe cases - employment termination.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?We do not conduct any trend analysis.
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.Hans-Gunnar Stey, Senior Adviser, International Unit, Directorate of Norwegian Correctional Service E-mail. [email protected]
The formal procedure of complaint does not depend on the content. In the first step all facts of the case have to be collected. In the next step they have to be checked, then the case of complaints has to be validated. In the last step the person who complaints has to be informed about the results.
How are complaints investigated?In depth and extensively. According to the rules of an official investigation procedure.
How is the complainant (prisoner, staff member or visitor) kept informed of the progress of the investigation?After a request the person who complaints can get an intermediate reply.
What standard of proof and/or evidence is required for allegations of discrimination?According to the §261 StPO.
If a complaint is upheld, what are the consequences?It depends on the case. The consequences can include compensations and actions according to the official regulations.
Do you conduct any trend analysis of the nature/location/persons involved with incidents?No.
Would you be willing to participate in further dialogue with HMPPS on complaints? If so, please provide contact details.No.
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