CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM
PART IV
PART III
PART II
PART I
3.3. Health examination after escorting in the course of which physical force or means
of restraint were used
During the inspection of Tartu Prison, escort plans were examined, showing that in general no
handcuffs or leg-cuffs were used when escorting detained persons from one custodial institution
to another. At the same time, those measures were used when a person was escorted, for
example, from the prison to a hospital or another place outside the custodial institution. The
examination of the escort plans and reports on the use of means of restraint drawn up in Tartu
Prison did not show that after the use of means of restraint in case of escorting a person
outside the prion the person’s health was examined by health care staff similarly to the use of
means of restraint inside the prison.
The Chancellor recommended to Tartu Prison to comply with the requirement of the
Imprisonment Act establishing that a health care worker must examine the health of a detained
person after escorting if means of restraint were used in respect of the person. A report on the
use of means of restraint and on health examination must be drawn up.
3.4. Inclusion of documents concerning the use of additional security measures in
personal files
During the visit to Harku and Murru Prison, an adviser to the Chancellor examined personal
files of six prisoners. On the basis of the small number of the examined files, the main problem
that could be observed was that the files did not contain sufficient documents on the use of
additional security measures. Under the Imprisonment Act and the internal rules of the prison,
the prison service is required to include in personal files the documents concerning the use of
additional security measures in respect of a detained person. In the opinion of the Chancellor,
this requirement means that the file must contain the documents (administrative acts) by
which the additional security measures are applied, as well as the materials concerning the
continuation or termination of the security measures.
The Chancellor recommended to Harku and Murru Prison in the future to maintain in personal
files of the prisoners all the documents required under the Imprisonment Act and the internal
rules of the prison, including materials concerning the application of additional security
measures.
3.5. Training on mental disorders for prison officers
The decrees on the application of additional security measures examined in Tartu Prison
revealed that one of the three most common reasons for applying security measures in respect
of detained persons is a person’s behaviour which is dangerous to himself or herself. It does
not necessarily always concern detained persons who have been diagnosed with a mental
disorder. Prison service officers with whom the Chancellor’s advisers talked during the visit
also pointed out that very often they had to deal with detained persons whose behaviour (e.g.
inflicting self-injury) could be an indication of a mental disorder. At the same time the officers
said they did not have sufficient knowledge and skills to deal with detained persons in case of
whom a suspicion of such a disorder existed.
According to the information available to the Chancellor, there has been at least one training
course for the prison service officers in Tartu Prison where a lecturer from Finland dealt with
the issues of mental disorders of prisoners.37 The Chancellor recommended to Tartu Prison to
continue organising training courses on mental disorders for prison officers.
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37
The training course took place on 9 August 2011 in cooperation with the Office of the Chancellor of Justice.
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