CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM The Chancellor reached the conclusion that the activities of Jõhvi Youth Treatment and Rehabilitation Centre concerning the opening of children’s personal letters, inspecting the content of the correspondence and restricting the correspondence has no legal basis. Such an activity is arbitrary and in conflict with § 43 and § 26 of the Constitution. However, if in the interests of success of the rehabilitation process, restricting the correspondence of children proves to be essential, a separate agreement on this should be concluded with the children referred to the service and their guardians. Such an agreement may, for example, be drawn up as an appendix to the treatment agreement. On this basis, the Chancellor recommended to the head of Jõhvi Youth Treatment and Rehabilitation Centre to discontinue restricting the right to children to the confidentiality of messages and inviolability of private life without a legal basis. The Chancellor recommended that in case of a need a separate written agreement with children and their guardians for restricting the correspondence should be concluded. The inspection also revealed that opportunities for spending free time and engaging in hobby activities in the rehabilitation centre were fairly limited. Many children with whom the Chancellor and his advisers talked complained about the limited opportunities to engage in hobby activities and expressed the wish to expand such opportunities. Several children also mentioned that, for example, on weekends only one instructor was present in the centre and therefore children could go outdoors only if all the children agreed to this. If some children did not wish to go outside, the others could not go either, as the instructor could not leave any children alone in the centre. Children with addiction problems receiving a service in the rehabilitation centre are not comparable to adults by their physical or mental development and are therefore in need of assistance and support from adults for their development. Providing children with opportunities for activities corresponding to their age is extremely important for their development. Although at the time of the inspection visit there were no legal acts regulating how many staff members per certain number of children should be present in the rehabilitation centre at any time, the number of staff in the centre at any time should be sufficient to enable ensuring the rights of children arising from international and domestic legislation. On this basis, the Chancellor recommended to the head of Jõhvi Youth Treatment and Rehabilitation Centre to offer additional possibilities for spending free time and engaging in hobby activities for children in the centre. The Chancellor also recommended to the head of the centre to ensure that at any moment, regardless of the time or day of the week, there is a sufficient number of staff in the centre to ensure the rights of all the children staying in the centre. In addition, the Chancellor proposed to ensure that children have a daily opportunity to spend time in the fresh air. The Chancellor recommended to the National Institute for Health Development to supervise regularly whether children in the centre can spend time every day in the fresh air and whether they have sufficient possibilities for engaging in hobby activities and spending free time. As a result of the inspection, the Chancellor made recommendations and proposals to the head of Jõhvi Youth Treatment and Rehabilitation Centre, the National Institute for Health Development and the Minister of Education and Research, and sent the summary of the inspection visit to the Minister of Social Affairs for taking note of. The head of Jõhvi Youth Treatment and Rehabilitation Centre replied with regard to the Chancellor’s recommendations and proposals that the conditions for admission of young people to the rehabilitation service were changed, so that upon their arrival in the centre they are explained the purpose of referral to treatment and rehabilitation, the restrictions applicable in the centre, the internal rules and daily schedule of the centre, and the rights and duties of young people during the stay in the centre. A young person would sign an affirmation that they have been provided the information and also sign an informed con- 69