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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