CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
The PBGB replied that persons to be expelled are ensured written translation of the decisions restricting
their rights. Forms of the decisions used in the centre to restrict the rights of persons are translated into
Russian and English, a separate written translation is made of the operative part of the decision made in
respect of a person. If necessary and possible, all decisions restricting the rights of persons are also translated to them orally and, if necessary, the content of a decision made in respect of a person is explained to
them orally.
In addition, the Chancellor dealt with the issue of translation of information materials used to explain
the rights of persons to be expelled. The PBGB replied that the relevant information materials have been
translated into Russian, English, Arabic, Portuguese, French, German, Hindi and Chinese. The Chancellor
recognised the fact that the written information materials have already been translated into eight languages.
However, the materials had not yet been translated into Dari, Pashto or Farsi although the number of
speakers of those languages detained in the centre is increasing.
Therefore, the Chancellor recommended to the Director General of the PBGB to translate the information
material also into other languages which are more widely spoken among the persons detained in the expulsion centre.
The PBGB replied that the information material “Rights and duties of a person to be expelled” would be
translated into Georgian, Dari, Pashto, Farsi, Armenian, Azerbaijani when possibility arises.
(10) Tenth, the Chancellor verified compliance with this recommendations of 2007 and 2009 concerning
catering and the possibility to use a refrigerator.
The Chancellor recommended to the Director General of the PBGB to take better acount of the eating
habits of the persons to be expelled when organising catering in the centre. The Chancellor also repeated
his recommendation to enable persons staying in the centre for a longer period the possibility to use a
refrigerator.
The Chancellor also recommended to the Minister of Internal Affairs to analyse the regulative provisions
on catering in the legislation and to initiate amendment of § 267(1) and (4) of the Obligation to Leave
and Prohibition on Entry Act in order to ensure that persons to be expelled could receive special food in
the centre if the need arises from a person’s religious convictions, and if possible also take into account the
eating habits of the detainees in the centre.
The PBGB replied that, whenever necessary, persons to be expelled are catered on the basis of a special
menu which takes into account the religious and health needs of the persons. The PBGB did not consider
it practicable to provide a refrigerator as the risks associated with providing a refrigerator were proportionally greater for the persons to be expelled and for the centre than the benefits it would offer.
(11) The Chancellor of Justice also assessed compliance with compulsory school attendance in case of detention in the expulsion centre.
During the period from 1 October 2009 to 31 October 2010, several children in the age of compulsory
school attendance were detained in the centre. The Chancellor pointed out that in accordance with the law
the compulsory school attendance also extends to foreign citizens or persons with undetermined citizenship staying in Estonia. Also under the EU Directive, access to education for minors should be guaranteed;
the obligation to organise this depends on the duration of their stay. Thus, minors in the age of compulsory school attendance detained in the centre should be guaranteed a possibility to acquire education
taking into account the duration of their stay in the centre. Similarly to the Imprisonment Act, possibilities for acquiring education should be created at least if a minor stays in the centre for more than one
month.
On this basis, the Chancellor recommended to the Director General of the PBGB to create possibilities for
acquiring education for persons in the age of compulsory school attendance detained in the centre.
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