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. 21