CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM As three of the inspected establishments did not comply with this duty, the Chancellor proposed to them to establish a register of the means of restraint and to maintain it properly. Providers of 24-hour special care services In 2012, the Chancellor inspected six providers of 24-hour special care services: – – – – – – Inspection visit to Koluvere Home of AS Hoolekandeteenused (case No 7-9/130280); Inspection visit to Valkla Home of AS Hoolekandeteenused (case No 7-9/130290); Inspection visit to Tori Home of AS Hoolekandeteenused (case No 7-9/130281); Inspection visit to Koeru Care Centre Foundation (case No 7-9/130308); Inspection visit to Võisiku Home of AS Hoolekandeteenused23 (case No 7-9/130289); Inspection visit to Viljandi Hospital Foundation (case No 7-9/130296). PART III 3. PART II Application of the means of restraint constitutes an extremely serious interference with the fundamental rights and freedoms. Therefore, it is necessary that both the establishment itself as well as outside supervising bodies should be able to carry out effective supervision of such activities. In order to make this possible and ensure a fast and general overview of the use of means of restraint, the legislator has provided for a duty to document the use of means of restraint (the requirement entered into effect as of 1 September 2012), inter alia, in a relevant register kept by the provider of the health service. PART I overview of the applied means of restraint. Two of the inspected establishments21 did not keep a register of the applied means of restraint, and one establishment22 had established the register but it was not filled out. In the choice of the establishments to be inspected, more attention was paid to the establishments providing 24-hour special care to persons on the basis of a court ruling (Koluvere, Valkla and Võisiku Homes owned by AS Hoolekandeteenused). All inspection visits were carried out without an advance notice. No experts were involved in the visits. The main problems found during the inspection concerned possible interference with the right to liberty of persons receiving 24-hour care service, as well as seclusion of persons and the condition of seclusion rooms. 3.1. Threat to the restriction of the right to liberty of individuals In one of the inspected establishments24 there were hooks outside the door of some of the persons receiving voluntary 24-hour special care, while the hooks could not be opened by persons inside the room. In the Chancellor’s opinion this posed a danger that the liberty of persons inside the rooms could be restricted. The legislator has allowed restricting, in certain conditions, the liberty of the persons receiving 24-hour special care service but this may only be done in a room designated for this purpose, i.e. a seclusion room. 21 See the summary of inspection visit to Wismari Hospital Ltd: http://oiguskantsler.ee/sites/default/files/IMCE/ inspection_of_wismari_hospital_2012.pdf and the summary of inspection visit to Viljandi Hospital Foundation: http://oiguskantsler.ee/sites/default/files/IMCE/inspection_of_viljandi_hospital_2012.pdf. 22 See the summary of inspection visit to Rapla County Hospital Foundation: http://oiguskantsler.ee/sites/ default/files/IMCE/inspection_of_rapla_county_hospital_2012.pdf. 23 In Võisiku Home of AS Hoolekandeteenused the Chancellor inspected rooms of the unit for persons receiving 24-hour special care service on the basis of a court ruling, as well as rooms of units 3, 5 and 7 and the seclusion room of the medical bloc. 24 See the summary of inspection visit to Võisiku Home of AS Hoolekandeteenused: http://oiguskantsler.ee/ sites/default/files/IMCE/inspection_of_voisiku_home_of_hoolekandeteenused_ltd_2012.pdf. 9