CAT/C/CR/29/5
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(e)
Strengthen the safeguards provided in the Code of Criminal Procedure against
ill-treatment and torture, and ensure that, in law as well as in practice, persons in police custody
and in remand have the right of access to a medical doctor of their choice, the right to notify a
person of their choice of their detention and access to legal counsel. Legal exceptions to these
rights should be narrowly defined. Persons deprived of their liberty, including suspects, should
immediately be informed of their rights in a language that they understand. The right of criminal
suspects to have a defence counsel should be extended to witnesses and to persons who have not
yet been charged. The State party should introduce a precise chronology that would specify at
what point the rights of all detainees may be exercised and must be respected;
(f)
Elaborate a code of conduct for police officers, investigators and all other
personnel involved in the custody of detainees;
(g)
Introduce legally enforceable time limits for the detention of illegal immigrants
and rejected asylum-seekers who are under expulsion orders;
(h)
Fully examine and report on the reasons for the over-representation of persons of
Russian nationality and stateless persons in the population of convicted prisoners;
(i)
Consider ratifying the 1961 Convention on the Reduction of Statelessness;
(j)
Create a mechanism for the collection and analysis of data on matters relating to
the Convention in detention and psychiatric facilities;
(k)
Consider making the declarations under articles 21 and 22 of the Convention.
7.
The Committee recommends that the State party, in its next periodic report, which will
be considered as the fourth periodic report and should be submitted by 19 November 2004:
(a)
Provide detailed information concerning, in particular: (i) the precise mandate of
and the results of the activities undertaken by the Legal Chancellor and the members of the
Health Protection Office when visiting detention centres; (ii) the results of the activities of the
Legal Chancellor in dealing with complaints of ill-treatment or torture by State officials;
(b)
Explain how, in practice, the impartiality and objectivity of investigations of
complaints of ill-treatment made by persons detained in police custody are ensured at all times;
(c)
Provide statistical data disaggregated, inter alia, by gender, age, nationality and
citizenship, on complaints of torture and ill-treatment by State officials, on the prosecutions
initiated in response, and on the penal and disciplinary sentences pronounced.
8.
The Committee further recommends that the State party widely disseminate in the
country any reports submitted by Estonia to the Committee, the conclusions and
recommendations of the Committee, as well as the summary records of the review, in
appropriate languages, including Estonian and Russian, through official web sites, the media and
non-governmental organizations.
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