In addition, the Chancellor recommended to the management of Tapa Special School to create
more possibilities for pupils to be on their own, as well as for purposeful activities, paying
particular attention to improving the possibilities for physical activities and staying outdoors.
PART II
On this basis, the Chancellor recommended that the management of Tapa Special School in
cooperation with the Ministry of Education and Research should ensure to the pupils living
conditions conforming to their individual needs, as well as proper furnishing in the sleeping
and group rooms. The Chancellor also recommended the Minister of Education and Research to
establish minimum requirements for furnishings in boarding schools facilities.
PART III
In addition, the inspection revealed that during the time free from school or recreational activities
pupils did not have sufficient possibilities to be on their own, stay outdoors, be physically active
or engage in other activities to their liking. In case of minors staying in a closed institution,
purposeful activities and programmes are particularly important because by participating
in them juveniles improve their health and self-respect and develop the skills and abilities
necessary for becoming fully functional members of society.46 The CPT has noted that although
a lack of purposeful activity is detrimental for any prisoner, it is especially harmful for juveniles,
who have a particular need for physical activity and intellectual stimulation. Juveniles deprived
of their liberty should be offered a full programme of education, sport, vocational training,
recreation and other purposeful activities. Physical education should constitute an important
part of that programme.47
PART I
CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM
Already during the Chancellor’s inspection in 2009 it was found that Tapa Special School had a
problem with unauthorised departure of pupils from the school territory. Then, the Chancellor
drew the attention of both the school management and the Ministry of Education and Research
to the problem, and recommended the director of the school to find and take additional
measures to prevent unauthorised departure of pupils from the school territory. Unfortunately,
at the time of the inspection in 2013 the situation had not improved.
PART IV
5.3. Unauthorised departure of pupils from the school
Tapa Special School is a closed institution from which pupils are not allowed to leave at their
own discretion. Under the Juvenile Sanctions Act, for the exercise of constant disciplinary
supervision, pupils are prohibited from leaving the territory of a school for pupils who need special
treatment due to behavioural problems, except in the cases provided for in the statutes of the
school. To comply with this provision, such schools are obliged to exercise constant disciplinary
supervision over all the pupils and take necessary measures to prevent unauthorised departure
of the pupils from the school. The aim of the restriction of the liberty of the pupils is to ensure
an uninterrupted educational and disciplinary process in respect of the pupils. An interruption
of the process due to unauthorised departure from the school raises not only a question of
the security of society (as persons departing without an authorisation may commit offences)
but also has a significant negative impact on the successful re-socialisation of a child. A child
leaving the school without an authorisation also fails to comply with the obligation to attend
school.
The Chancellor recommended to the director of Tapa Special School to find, in cooperation
with the specialists of the Ministry of Education and Research, and take immediate additional
measures to prevent unauthorised departure of pupils from the school territory. In addition, the
Chancellor recommended to the Minister of Education and Research to do everything within his
powers to ensure that a modern living and learning environment corresponding to the needs of
the children is created in 2015 at the latest.
46 See the „United Nations Rules for the Protection of Juveniles Deprived of their Liberty“, 14 December 1990, para
12. Available online: http://www.un.org/documents/ga/res/45/a45r113.htm.
47 See the CPT Standards, p 72, para 31.
Available online: http://www.cpt.coe.int/en/documents/eng-standards-scr.pdf.
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