CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
VII. PRISONS
1.
General outline
At the end of 2010, Estonia had five prisons, all of them within the area of government of the Ministry of
Justice. For a long time, Harku Prison (since 15 January 2011 merged Harku and Murru Prison) was used
only for female prisoners. After the relevant reorganisation and reconstruction, elderly male prisoners were
also placed there at the beginning of 2010.
On 20 May 2010, the Chancellor made a comprehensive announced inspection visit to Harku Prison
(Inspection visit to Harku Prison, case No 7-7/100558). In connection with high summer temperatures, a
visit to assess the conditions in the exercise yard in the department with locked cells and punishment cells
of Harku Prison was conducted. In addition, restraint beds used in Viru Prison were inspected and, as a
follow-up inspection to the visit conducted at the end of 2008, the conditions in the reinforced supervision
department of Viru Prison were assessed.
In his annual action plan, the Chancellor of Justice plans inspection visits to prisons at intervals which
enable making a comprehensive visit to each prison at least once every three years (desirably even more
often). In addition, daily information about the situation in prisons is collected on the basis of complaints
received by the Chancellor and, if necessary, a particular prison may be visited more frequently.
Harku Prison was chosen first and foremost due to the fact that after the placement of male prisoners in
a prison which for a long time had operated as a women’s prison the organisation of work and the use of
rooms in the prison changed significantly. Thus, it was necessary to verify the situation in Harku Prison
after the considerable changes. Also, almost three years had passed from the Chancellor’s previous inspection visit to Harku Prison on 6 February 2007.
The incentive to assess the conditions in the exercise yard of Harku Prison during the summer period with
high temperatures arose from complaints submitted by prisoners. The restraint beds in Viru Prison were
inspected in connection with a previously raised issue concerning the admissibility of the use of restraint
beds.
Two main problems may be highlighted on the basis of inspection visits made in 2010. First, prisons are
still using some of the buildings from the Soviet era which are unsuitable for modern execution of punishment (Harku, Tallinn and Murru Prison). Extensive reorganisation in the prison system has caused some
problems with living conditions. For example, the Chancellor found that after the transfer of male prisoners to Harku Prison and the reconstruction work to ensure separation of male and female prisoners the
possibilities for female prisoners to take care of their personal hygiene and drying the laundry were reduced
significantly.
Another important problem for detained persons is the availability of information necessary for the protection of their rights in a language understood by them. As a result of the Chancellor’s systematic work, the
main legislation necessary for persons detained in prisons is now available in the state language as well as
in the more widely spoken foreign languages (Russian). The possibilities for access to court judgments and
databases of legislation in the Internet have also improved.
The following part contains a brief overview of other shortcomings not mentioned above but found during
the inspection visit to Harku Prison.
2.
Harku Prison
Harku Prison is an institution within the area of government of the Ministry of Justice which carries out
imprisonment. Harku Prison is a closed prison with 220 places. Harku Prison is used for detention of
female prisoners and, since 1 January 2010, also male prisoners above the age of 57 who have not been
punished for commission of sexual offences.
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