Juridica, a Chancellor’s adviser wrote about the right to privacy of the elderly.
Motivated by the problems of restriction of freedom of movement of clients in
social welfare institutions, on the initiative of the Chancellor the special edition of
Juridica published an analysis of the limits of acting in self-defence and in an
emergency in social welfare and healthcare institutions.
4.
Prisons
Estonia has three prisons – Tartu, Viru, and Tallinn Prison – each with
approximately 800–1000 convicted and remand prisoners. During the reporting
year, the Chancellor inspected Tartu Prison and Tallinn Prison. Tartu Prison is a
relatively new facility, while the premises at Tallinn Prison are in a desperate state
of repair – its new buildings should be completed in 2018.
The Chancellor intensely reviewed restrictions imposed on prisoner access to the
internet. Under § 311 of the Imprisonment Act, prisoners are only allowed access
to legislation and judicial decisions on the internet. Internet access restrictions
apply equally to convicted prisoners as well as to remand prisoners who have not
yet been convicted and who may eventually also be acquitted.
Obviously, internet access for prisoners should not be unlimited since this may
also contribute to planning new criminal offences. However, current information
technology enables imposition of reasonable restrictions and alleviation of risks,
while also allowing convicted and remand prisoners considerably more extensive
access to the internet.
The experience of several countries demonstrates that internet use expands the
opportunities of prisoners to keep abreast of developments in society, to better
prepare for life on their release and to participate in internet-based education.
Therefore, in an opinion sent to the Supreme Court, the Chancellor concluded that
a restriction denying access to websites www.oiguskantsler.ee and
www.riigikogu.ee is excessive. The Supreme Court declined to entertain the case
of internet use of prisoners in terms of constitutional review.
In the Chancellor’s opinion, many problems in the open prison sections of all
prisons derive precisely from outdated legal rules regulating internet access.
Persons assigned to an open prison are those convicted of less serious offences.
Prisoners whom it is not expedient to keep in a closed prison, those whose
behaviour has been law-abiding, and those in respect of whom sufficient reason
exists to presume that they would not commit further offences are also assigned
to an open prison section. The main purpose of an open prison is to get prisoners
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