A/HRC/42/20 to ensuring institutional accountability for these incidents and the factors that contributed to their occurrence. 36. The importance of recording and examining these incidents is recognized in the Nelson Mandela Rules, which require the prompt reporting of “any custodial death, disappearance or serious injury to a judicial or other competent authority that is independent of the prison administration and mandated to conduct prompt, impartial and effective investigations into the circumstances and causes of such cases”.113 However, authorities being often unaware of violent incidents taking place in detention facilities, access by persons deprived of liberty to complaints mechanisms are required to bring these incidents to light. 1. Complaints mechanisms 37. Adequate complaints mechanisms are an important tool through which persons deprived of their liberty can exercise certain rights and freedoms and an important prerequisite for effective investigations into allegations of violence and ill-treatment and accountability. Rule 56 of the Nelson Mandela Rules provides that prisoners should be afforded an opportunity to make complaints regarding their treatment, without censorship, to the central prison administration or the appropriate judicial or competent authorities. The existence of adequate complaints mechanisms is an important prerequisite for effective investigative and accountability mechanisms. 38. Human rights mechanisms have expressed their concern regarding the absence of complaints mechanism for persons deprived of their liberty. 114 For instance, following certain country visits, the Subcommittee on Prevention of Torture expressed concern about the lack of complaints mechanisms in psychiatric hospitals in which some of the patients were committed without their consent.115 39. In order to be effective, complaints mechanisms must be independent, effective, confidential and accessible to victims of torture, including persons deprived of their liberty.116 They must have the capacity to deal freely with any complaint, provide effective follow-up for the purpose of remedial action and ensure that those who file complaints do not face reprisals.117 Persons deprived of their liberty must be aware of and have confidence in these mechanisms. Several human rights mechanisms have found that, in some countries, detainees had no knowledge of, or trust in, existing complaints mechanisms, or that fear of reprisals precluded them from seeking protection.118 40. Complaints mechanisms must also take into account the needs of persons with increased vulnerability. The Committee on the Rights of the Child has expressed concern about the lack of independent complaints mechanisms available to children in some countries.119 The Committee has urged States parties to ensure that all children deprived of their liberty have access to a safe and child-friendly mechanism to file complaints relating to their deprivation of liberty.120 The Committee on the Elimination of Discrimination against Women has highlighted its concerns about women’s ability to report violence in situations of deprivation of liberty, and has called upon States to establish independent mechanisms for the submission of such complaints.121 The Committee is particularly concerned about the difficulties women confront when filing complaints about police 113 114 115 116 117 118 119 120 121 Rule 71. See CCPR/C/ZMB/CO/3; CCPR/C/BWA/CO/1. See CAT/OP/BOL/3. See CAT/C/LKA/CO/5; CAT/C/CHN-MAC/CO/5; CAT/C/KAZ/CO/3; CAT/C/UKR/CO/6; CAT/C/BDI/CO/1; CAT/C/TUR/CO/3; CAT/C/GRC/CO/5-6. See CAT/C/KAZ/CO/3. See A/HRC/16/52/Add.5; A/HRC/16/52/Add.3; CAT/OP/UKR/3; submission of the Office of the Commissioner for Fundamental Rights (Hungary). See CRC/C/LVA/CO/3-5. See CRC/C/HTI/CO/2-3; CRC/C/POL/CO/3-4; CRC/C/MEX/CO/4-5; CRC/C/COL/CO/4-5. See CEDAW/C/IDN/CO/6-7; CEDAW/C/TKM/CO/3-4; CEDAW/C/TUR/CO/7. 11