CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM
In its reply to the Chancellor, Tartu Prison partly agreed with the recommendations. However,
the views of the Chancellor and the prison differed with regard to filling out the report on the
use of physical force, service weapon, special equipment or means or restraint and examination
of the health status of an offender. The prison was of the opinion that the report does not have
to be filled out after each case of application of direct coercion and it is also not necessary to
record in detail the assessment of the person’s health by the health care staff after restraining.
Based on the reply of Tartu Prison to the recommendations contained in the summary of the
inspection, on 19 December 2013 the Chancellor made an additional recommendation to Tartu
Prison, asking once again to consider changing the practice of filling out the report on the
application of means of restraint. In its reply to the Chancellor’s additional recommendation,
Tartu Prison maintained its earlier position and did not consider it possible to change the
current practice.
PART II
On this basis, the Chancellor proposed to Tartu Prison to comply with the requirement of
personal and direct assessment of a patient’s condition by a doctor upon the application of
means of restraint.
PART III
The Chancellor expressed the opinion that making of a decision regarding the application of
means of restraint by a doctor at the psychiatric departme3.7nt without personally and directly
assessing a patient’s condition is contrary to § 14(3) of the Mental Health Act. Such practice
may lead to arbitrary interference with a patient’s fundamental right to liberty and inviolability
of person which, in turn, involves a potential risk for cruel, inhuman or degrading treatment.
PART IV
At the psychiatric department of Tartu Prison, the Chancellor found shortcomings in the
application of means of restraint. Namely, the doctor who had been on home duty outside the
working hours had made a decision on the application of means of restraint by phone.
PART I
3.6. Application of means of restraint at the psychiatric department of Tartu Prison
3.7. Clothing of prisoners
During the Chancellor’s visit to Harku and Murru Prison, many prisoners complained that the
clothing provided by the prison was too thin and it was cold to wear it outside in winter. The
prison does not provide any warmer clothing for winter, it is also not allowed to use personal
clothes. It was also claimed that some prisoners did not have warm underwear, the gloves
provided by the prison were too thin and the tube-shaped scarf for women was too wide and
not fit for purpose. Female prisoners complained that regardless of the availability of money
on their internal prison account they had to buy their own underwear and no underwear was
provided by the prison service. It was also complained that the prison service did not provide
footwear and this also had to be procured by prisoners themselves.
Based on the European Convention for the Protection of Human Rights and Fundamental
Freedoms, the Estonian Constitution and the Imprisonment Act, the prison service must ensure
that prisoners have sufficiently clean and dry clothes which are suitable for the environment.
The CPT has also repeatedly stressed the obligation of the state authorities to ensure that
prisoners are provided with sufficient, warm, seasonally appropriate clothing which is also
suitable for going outside.38
On this basis, the Chancellor recommended to Harku and Murru Prison to ensure that all the
persons detained in Harku imprisonment section are provided with seasonally appropriate
clothing (including socks, footwear and underwear), also taking account of a person’s mobility
38 See, e.g. „Report to the United Kingdom Government on the visit to the Bailiwick of Guernsey carried out by the
European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)
from 19 to 22 March 2010“, p 23. Available online: http://www.cpt.coe.int/documents/gbr/2010-37-inf-eng.
htm.
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