A/68/44
should be provided for prisoners with an insufficient knowledge of the Estonian
language.
Use of restraints
(19) The Committee is concerned by reports of unjustified use of restraints in prisons,
including handcuffs, owing to an insufficient assessment of the situation and the options to
deal with it by the prison officers (arts. 2, 11, 12, 13 and 16).
The Committee recommends that the State party ensure strict adherence by all prison
officers to the new, more specific regulations concerning the use of restraints in
prisons in force since 2011, as well as adherence to the protocols and filling in of
registers documenting the use of restraints, including the reasons for use, duration of
use and particular method of restraint used. The State party should ensure that all
complaints of violations concerning the use of restraints are promptly and
independently investigated and the persons responsible are held to account.
Persons with disabilities
(20) While taking note of the 1 September 2012 amendments to the Mental Health Act,
the Committee is concerned by reports of shortcomings in judicial oversight regarding the
involuntary hospitalization and forced medication of persons with mental and psychosocial
disabilities in psychiatric institutions. It is also concerned by the lack of a complaints
mechanism regarding involuntary placement of treatment. In addition, the Committee is
concerned by information that persons with psychosocial disabilities or their legal
guardians are not often denied the right to be sufficiently informed about criminal
proceedings and charges against them, the right to a fair hearing and the right to adequate
and effective legal assistance (arts. 2, 10, 11, 12, 13 and 16).
The State party should:
(a)
Ensure effective supervision and independent monitoring by judicial
organs of any involuntary hospitalization in psychiatric institutions of persons with
mental and psychosocial disabilities; and ensure that every patient, whether
voluntarily or involuntarily hospitalized, is fully informed about the treatment to be
prescribed and given the opportunity to refuse treatment or any other medical
intervention;
(b)
Ensure effective legal safeguards for persons in such institutions,
including the right of effective appeal;
(c)
Ensure the right of persons with mental and psychosocial disabilities or
their legal guardians to be sufficiently informed about criminal proceedings and
charges against them, the right to a fair hearing and the right to adequate and
effective legal assistance for their defence;
(d)
Provide training to medical and non-medical staff on how to administer
non-violent and non-coercive care, and establish clear and detailed regulations on the
use of restraints and other coercive measures in psychiatric institutions;
(e)
Establish an independent complaints mechanism, and counsel and
effectively and impartially investigate all complaints of violations of the Convention,
bring those responsible to justice, and provide redress to victims.
Corporal punishment of children
(21) While taking note that corporal punishment is unlawful in schools and in the penal
system, the Committee is concerned by the absence of legislation which explicitly prohibits
corporal punishment in all settings (arts. 2 and 16).
110
GE.13-46043
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