CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
In his activities as the preventive mechanism, the Chancellor of Justice considers international cooperation
with other preventive bodies and relevant international organisations to be very important. Advisers to
the Chancellor attended various international events on issues of ill-treatment, where they also delivered
presentations:
– 27−28 January. M. Amos attended the annual meeting of the heads and contact persons of the
NPM in Padua, Italy;
– 24 March. M. Amos delivered a presentation during the working session “Rights and conditions in
mental health facilities – material conditions and staff” at the 1st Thematic NPM Workshop „The role
of NPMs in preventing ill-treatment in psychiatric institutions“ in Padua, Italy;
– 26 March. M. Amos delivered a presentation „Establishment of NPM: a first-hand experience” at the
1st Thematic NPM Workshop „The role of NPMs in preventing ill-treatment in psychiatric institutions“
during the consultative meeting „Prospects for the ratification of the OPCAT and the setting-up of an
NPM in Italy“ at the University of Padua;
– 8−11 June. J. Konsa delivered a presentation "Key challenges that starting NPM faces. Estonian experiences” at the seminar “The role of NMPs in preventing ill-treatment in police settings: key rights for
those deprived of their liberty by the police” in Tirana, Albania;
– 23 September. M. Amos delivered a presentation “The Rapporteur Experience and the Value of
Participation” at the conference “Pandemic Influenza Preparedness in Europe: Are National Public
Health Laws ‘Fit for Purpose’?” in the European Parliament in Brussels;
– 13−14 October. I. Aljošin delivered a presentation ”Reasons for choosing to do mostly announced
visits” at the 3rd Thematic NPM Workshop “Methodology: Preparation and planning strategies for an
NPM Visit” in Yerevan, Armenia;
– 13−14 October. M. Amos delivered a presentation “Preparation: Sifting and analysis of the relevant information collected; and consideration of tools needed” at the 3rd Thematic NPM Workshop
“Methodology: Preparation and planning strategies for an NPM Visit” in Yerevan, Armenia;
– 21−22 October. M. Amos delivered a presentation "Monitoring the places of detention − task performed by the independent constitutional body” at the conference “Public monitoring of places of
detention: Experiences from EU Member States” organised by the European Commission in Ankara,
Turkey;
– 17−18 November. M. Amos delivered a presentation „Main challenges for the protection of the
rights of persons with mental health problems in Europe“ at the international seminar “The role of
National Human Rights Structures in protecting and promoting the rights of persons with mental health
problems” in Bilbao, Spain;
– 3 December. M. Amos attended the annual meeting of the heads and contact persons of the NPM
in Strasbourg.
In addition to the above, issues of constitutionality of regulations directly or indirectly concerning the prevention of ill-treatment were analysed in 2010 (e.g. notifying of a child’s legal representative about offence
proceedings, providing justifications in a report on placement of a person for sobering up, use of a restraint
bed in a police detention centre, conditions of detention at the expulsion centre). Several proceedings carried out by the Chancellor within his ombudsman competence also relate to the prevention of ill-treatment
(e.g. a death case in the eastern police department of the North Prefecture, problems of administrative
challenge proceedings in prisons, use of special equipment during escort of prisoners), including general
conclusions concerning administrative practice developed on the basis of them.
In cooperation with the Ministry of Justice, on five occasions in 2010 advisers to the Chancellor of Justice
participated as observers in events (planned or extraordinary searches) carried out in different prisons by
the special armed unit of prisons12. The aim of the participation was to explore the methodology and practice of the special armed unit and to prevent any possible episodes of ill-treatment in the activities of the
unit by the mere presence of observers.
The following subdivision contains an overview of a “special project” in 2010 concerning the training in
social welfare institutions. Then the inspection visits made by the Chancellor to different places of detention in 2010 are described, highlighting systematic shortcomings that were detected.
12 According to the Minister of Justice Regulation No 81 of 12 December 2002 “Procedure for the activities of the armed unit”
(§ 1), the main function of the unit is to carry out duties requiring special preparation and relating to the prevention, detection and combating of offences in prisons.
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