CAT/C/EST/CO/5 Fundamental legal safeguards for persons deprived of their liberty 9. The Committee is concerned that persons deprived of their liberty may not enjoy all fundamental legal safeguards against torture and ill-treatment from the very outset of their detention, in particular the right to a lawyer and the right to inform a person of their own choice. It is also concerned by reports that detention registers in police stations are not always kept in a regular manner (arts. 2, 12, 13 and 16). The State party should: (a) Take effective measures to guarantee that all persons deprived of their liberty are afforded, by law and in practice, all the fundamental legal safeguards from the outset of their detention, namely, the rights to be informed of the reasons for their arrest and of the charges against them; to be informed of their rights; to have prompt access to an independent lawyer and, if necessary, to legal aid; to inform a person of their own choice; to receive a medical examination by an independent doctor, if possible, a doctor of their choice; to be brought before a judge without delay; and to have the legality of their detention examined by a court, in accordance with international standards; (b) Ensure that the State party monitors the provision of safeguards by all public officials to persons deprived of their liberty, including by documenting relevant information in detention registers, and ensuring regular monitoring of officials’ compliance with these documentation requirements; (c) Ensure that any public official who denies fundamental legal safeguards to persons deprived of their liberty is disciplined or prosecuted; (d) Provide data to the Committee on the number of cases in which public officials have been disciplined for such conduct and the nature of the discipline. Charges under the Code of Criminal Procedure 10. The Committee is concerned that the Code of Criminal Procedure has not been amended to allow courts to continue criminal proceedings at their own discretion if the prosecution drops the charges (arts. 2, 12 and 13). The Committee reiterates its recommendation that the State party consider revising its Code of Criminal Procedure in order to regulate the powers of prosecution vis-àvis the judiciary so that withdrawal of charges by the prosecution does not result in termination of criminal proceedings or acquittal but is decided by a court. Use of force 11. The Committee is concerned by information that no prosecutions resulted from official applications to the Chancellor of Justice or the Public Prosecutor’s Office in relation to allegations of brutality and excessive use of force by law enforcement personnel during the events which took place in Tallinn in April 2007. It is further concerned by instances of “excessive” use of force by law enforcement officers, that the State party’s investigation into the events were inadequate, and that the authorities did not made an attempt to obtain additional evidence, be it by questioning the applicants in person or by interviewing the witnesses, as found by the European Court of Human Rights (arts. 2, 10, 12, 13, 14 and 16). The State party should: (a) Conduct prompt, thorough, effective and impartial investigations into all allegations of torture, ill-treatment and excessive use of force by law enforcement personnel, and prosecute and sanction officials found guilty of such offences with appropriate penalties; 3

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