CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
The PBGB replied that performing additional tasks is not possible without increasing the staff of the centre, for which the PBGB lacks budgetary resources. Requests for a visit submitted on the spot are processed
at the first opportunity, in case the head of the centre is present then immediately, and if no reason to
refuse a visit exists and the visiting room is vacant then a person who has come for a visit is enabled to
have a visit with a detainee in the centre on the same day. The PBGB was of the opinion that no visits had
been interrupted for merely formal reasons and no excessive security measures had been applied during the
visits.
(7) Seventh, the Chancellor dealt with issues of using the telephone.
In view of the CPT recommendations for different countries, the Chancellor recommended to the Director
General of the PBGB to enable persons to be expelled who have no financial resources to make at least one
telephone call a month at the expense of the centre. The Chancellor also recommended to the Minister
of Internal Affairs to analyse the reasons why the residents have been prohibited to use the mobile phone
until now, and whether and on which conditions the use of the mobile phone could be allowed.
The PBGB replied that since December 2010 the centre has a new telephone communication system
which, unlike the previous system, enables incoming calls from other countries. However, there is no possibility to call collect and due to the lack of resources the PBGB does not consider it possible to issue
calling cards to the persons to be expelled The PBGB explained that the use of mobile phones in the centre
was not allowed due to security considerations. Mobile phones could be used for quick forwarding of information about the location and movement of the security team and officials, as well as about the time,
location and route of an escort, the number of escorting officials and their equipment, which could lead to
facilitating an escape or obstructing the work of officials. Mobile phones can be used to coordinate delivery
of items prohibited for the residents of the centre or throwing such items into the exercise yard.
(8) As the eighth range of issues, the Chancellor analysed compliance with his recommendations made in
2009 in connection with expanding the possibilities for spending free time for the residents.
The Chancellor noted that the possibilities for spending free time at the centre are still extremely limited.
Most of the possibilities include passive activities, while the range of purposeful activities is very limited.
There is also no reading material in Arabic, Pashto, Farsi, Dari and other languages the speakers of which
are detained in the centre increasingly often.
The Chancellor recommended expanding the range of activities offered to persons detained in the centre
for a longer period, taking as far as possible into account the needs of a specific person. Such activities and
materials could include handicraft, means to engage in arts, language study materials or courses, etc. The
Chancellor also recommended analysing possibilities to enable long-term residents of the centre to engage
in sports outside the centre.
The PBGB replied that it continued to seek possibilities to improve and diversify the possibilities for
spending free time for the persons detained in the centre. The PBGB is of the opinion that allowing
detainees to engage in sports outside the centre would be contrary to the principle of detention in the
expulsion centre.
(9) Ninth, the Chancellor assessed the organisation of translation in the centre and verified compliance
with the Chancellor’s previous relevant recommendations.
36
The Chancellor repeated his recommendation to the Director General of the PBGB to apply the right of
discretion in deciding the translation of an administrative act (including taking into account the significance of the fundamental rights and freedoms at stake, the ability of the person to understand Estonian,
financial possibilities for using the assistance of an interpreter to present a document or understand the
reply) and, if a person does not understand Estonian and they have no funds to involve an interpreter, to
attach written translation of administrative acts restricting the rights of a person into the language which
the person understands. The Chancellor pointed out that in order to notify persons to be expelled about
the relevant right it is necessary to supplement the written information material with regard to issues of
translation.
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