CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM training to deal with persons with mental disorders. The CPT in its 8th general report31 has considered it important that all persons working in closed institutions (including health-care staff, auxiliary staff, as well as guards and other persons) should receive appropriate training as well as subsequent in-service training on guaranteeing the fundamental rights and freedoms of individuals. According to paragraph 28 of the report, bearing in mind the challenging nature of their work, it is of crucial importance that staff of closed institutions is carefully selected and that they receive both appropriate training before taking up their duties and in-service courses. According to the Council of Europe Committee of Ministers Recommendation Rec(2004)1032 Article 11.2, professional staff involved in mental health services should receive appropriate training. In particular, they should receive training on: 1) protecting the dignity, human rights and fundamental freedoms of persons with mental disorder; 2) understanding, prevention and control of violence; 3) measures to avoid the use of restraint or seclusion; 4) the limited circumstances in which different methods of restraint or seclusion may be justified, taking into account the benefits and risks entailed, and the correct application of such measures. According to the assessment of the Chancellor, if a provider of special care services considers it necessary to involve guards in the process of secluding service recipients, and in this case a guard comes into direct contact with the service recipients, the service provider should ensure that the rights of persons are guaranteed to the same extent as in a situation where the seclusion is carried out by appropriately trained staff. Thus, guards of a care home should have received training to the extent required in paragraph 28 of the CPT general report and Article 11.2 of the Council of Europe Committee of Ministers Recommendation Rec(2004)10. The Chancellor recommended to the head of the care home that appropriate training for the guards of the care home be provided. Chairman of the Board of AS Hoolekandeteenused replied that, in order to ensure the quality of the service, the institution plans to train the staff who regularly come into direct contact with the clients. In addition, the inspection revealed that some bedrooms in the care home did not have lockable cupboards for keeping the personal belongings of the service recipients. The necessity of lockable cupboards is also pointed out in paragraph 34 of the CPT standards, which underlines the importance of providing patients with lockable space in which they can keep their belongings because the failure to provide such a facility can impinge upon a patient’s sense of security and autonomy. The CPT in paragraph 93 of its report on a visit to Estonia also criticised the absence of lockable space for storing personal belongings of residents (in Kernu Care Home) and invited the Estonian authorities to remedy this deficiency. The Chancellor recommended to the head of the care home to ensure that all the service recipients are provided with a suitable lockable space for keeping their personal belongings. Chairman of the Board of AS Hoolekandeteenused informed the Chancellor that at the request of service recipients the cupboards intended for keeping personal belongings would be fitted with a lock. 31 8th General Report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT/Inf (98) 12. Available online: http://www.cpt.coe.int/en/annual/rep-08.htm . 32 Council of Europe Committee of Ministers Recommendation Rec(2004)10. Available online: https://wcd.coe.int/ViewDoc. jsp?id=775685&BackColorInternet=9999CC&BackColorIntranet=FFBB55&BackColorLogged=FFAC75. 61

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