CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM The inspection visits revealed that one of the recurring problems in these institutions was notification of asylum seekers about their rights and duties. The reception centre had a written text with internal rules of the centre. The internal rules, approved by the order No 28 of 27 August 2007 of the head of the centre, included the procedure on the payment of benefits, rules of daily life, the list of prohibited activities, regulation of visits. Internal rules were given to the asylum seekers also in writing; they were available in Estonian, English and Russian. Thus, written materials presented to the asylum seekers included rules of behaviour in the reception centre. However, the materials did not include other rights and duties of asylum seekers arising from the law. In addition, the wording of § 2(4) of the internal rules (reduction of benefits depending on the number of days spent in the reception centre) could be interpreted in different ways. The inspection visit to the premises of the PBGB revealed that the explanation of rights and duties to asylum seekers was based on the list provided in appendix 1 to order No 57 of 10 March 2009 of the Director General of the Citizenship and Migration Board “Procedure for the processing of asylum applications, extension of international protection, asylum seekers’ requests for a work permit in Estonia, and annulment of residence permits”. Explanation of the rules of behaviour during the stay in accommodation areas was based on the list provided for in appendix 1 to order No 58 of 10 March 2009 of the Director General of the Citizenship and Migration Board. Asylum seekers signed a confirmation that these information materials had been explained to them. The above information materials containing the rights and duties relating to accommodation areas, as well as the rights and duties of asylum seekers, were available in writing in Estonian, Russian and English, but they were not given to the asylum seekers in writing. In addition, printed information material “Applying for asylum in Estonia” was available in eight languages at the offices of the PBGB. Examination of the information materials showed that they described the rights and duties of asylum seekers during the asylum proceedings as well as in connection with reception conditions (accommodation, services and other issues of daily life). However, the rights and duties in different contexts were not clearly distinguished and no consequences of violation of the duties were indicated. Some information was presented in very general terms. For example, it was mentioned that an asylum seeker is entitled “in case of necessity, to victim support pursuant to the procedure established in the Victim Support Act” but there were no explanations about the content of the rights, the conditions and procedure for applying. The information materials also contained a general reference that an asylum seeker may have recourse to the court in case of violation of their rights and freedoms. Rules of behaviour in the accommodation areas included a note that in case of necessity an asylum seeker may receive money for food but its rate or the procedure of payment were not specified. In addition, it was found that asylum seekers interviewed during the inspection visits were not aware which services are provided to them by the non-profit association Johannes Mihkelson Centre.22 Under § 10(2) clause 1 of the Act on Granting International Protection to Aliens, an applicant has the right to receive within fifteen days as of the submission of the application for asylum or for residence permit oral and written information in a language which they understand concerning their rights and obligations and the consequences of the failure to perform the obligations in the asylum proceedings, the proceedings of the residence permit on the basis of temporary protection and during the period of validity of international protection. Under § 12(2) clause 5 of the Act, the reception centre is required to inform the asylum seekers about their rights and duties. Under Article 5 paragraph 1 of the EU Council Directive 2003/9/EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers, Member States shall inform asylum seekers, within a reasonable time not exceeding fifteen days after they have lodged their application for asylum with the competent authority, of at least any established benefits and of the obligations with which they must comply relating to reception conditions. Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and organisations 40 22 Grant agreement No 7.1-9-1/94, project of the European Refugee Fund and the Ministry of Internal Affairs “Improving the reception conditions of asylum seekers through the support person service and other supporting services”.