CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
found that, as a rule (at least at the time of the inspection), they are not places of detention in the meaning
of the Optional Protocol. Inspection visits have also been carried out to care homes with OPCAT suspicion
and they were found to be open institutions.
There are almost 150 establishments in Estonia qualifying as places of detention within the meaning of the
Optional Protocol. The majority of them are police detention facilities and social welfare institutions.
The choice of places of detention to be inspected by the Chancellor of Justice each year is based on the criteria discussed and agreed by the Chancellor’s advisers responsible for inspection visits. On the basis of the
criteria, an annual work plan is drawn up, laying down the list of establishments to be inspected, the time
and type of the visits (i.e. announced or unannounced visits) and whether and which experts will be involved in the visits. Naturally, the plan is drawn up with the consideration that some scope is left for ad hoc
visits. The choice of specific establishments inspected is explained separately below in the sections dealing
with the respective establishments. The choice could depend, for example, on the need to inspect places of
detention systematically, i.e. visit each establishment at least once every three years; the level of problems in
terms of guaranteeing fundamental rights in a particular establishment (e.g. extremely poor conditions of
detention, a vulnerable group of detainees, etc); circumstances having attracted the Chancellor’s attention
and requiring immediate verification (e.g. information obtained from the media or from petitions to the
Chancellor).
In 2010, 27 inspection visits were carried out and 33 places of detention were visited (including two visits
to one place − Jõhvi Youth Treatment and Rehabilitation Centre). In comparison, 25 inspection visits to
37 places of detention were carried out in 2009, and 40 inspection visits in 2008 and 18 visits in 2007.
By types of establishments, the inspection visits in 2010 can be categorised as follows:
1. police establishments – 6 visits, 12 places of detention inspected (12 unannounced);
2. Defence Forces – 4 visits, 4 places of detention inspected (4 unannounced);
3. prisons – 1 visit, 1 place of detention inspected (1 unannounced);
4. providers of involuntary emergency psychiatric care and coercive treatment – 7 visits, 7 places of
detention inspected (4 unannounced and 3 announced);
5. providers of special welfare services – 3 visits, 3 places of detention inspected (3 unannounced);
6. special schools – 1 visit, 1 place of detention inspected (1 unannounced);
7. providers of rehabilitation service to children with addictions – 2 visits, 2 places of detention inspected (2 unannounced);
8. expulsion centre – 1 visit, 1 place of detention inspected (1 unannounced);
9. establishments organising reception of asylum seekers – 2 visits, 2 places of detention inspected (2
unannounced).
Experts were used in inspection visits on eight occasions in 2010. The experts included psychiatrists, a
child psychiatrist, general practitioners, paediatricians, a patient representative and Rescue Service staff.
Organising of inspection visits is regulated by the “Guidelines for conducting Chancellor of Justice inspection visits”, approved by the Chancellor of Justice order No 1-4/28 of 4 December 2007, which establishes
rules and principles for preparing and conducting inspection visits, as well as follow-up proceedings. The
guidelines also contain a checklist of items to be observed while touring the inspected establishments.
A guideline document “Structure of the summary of an inspection visit” has also been drawn up, containing
instructions on the type and presentation of information to be included in a summary of an inspection visit.
During the inspection visits, the Chancellor pays particular attention to communicating with persons in
a place of detention. For this, the Chancellor provides an opportunity for reception for all individuals
present in the place of detention, as well as persons close to them, and members of the staff. Interviews
with detainees as well as staff of the detention facility may also be conducted. Interviewees are selected
on a random basis, considering that persons of different ages, cultural backgrounds and gender are represented. The Chancellor and his staff also always talk to people in the place of detention while touring
the establishment. In order to establish a better contact and learn to use different interviewing techniques
depending on the person who is interviewed (e.g. a minor in a special school, an elderly person in a care
home, a foreigner in the expulsion centre, a prisoner in a prison) several training courses for the officials in
the Chancellor’s office have taken place.
Jõhvi Youth Treatment and Rehabilitation Centre was inspected twice – the second visit was a follow-up inspection.