1.3. Death cases of detained persons in 2013
With the aim of preventing ill-treatment, it has become customary for the Chancellor of Justice
to analyse cases of death of persons detained in police facilities. In 2014, the Chancellor
analysed the death cases occurring in 2013.
According to the information received from the PBGB, in 2013 four persons died in the
detention cells used by the PBGB, and two persons died immediately prior to taking them to
the police facility or after their release. The deaths occurred in the cellblocks in the South and
North prefectures of the PBGB. The main cause of death of the detained persons was poisoning.
Once again, the Chancellor had to note that supervision over the detained persons may have
been insufficient. Having analysed the death of a person detained in the cellblock of Tallinn
City Centre police station of the North Prefecture of the PBGB, the Chancellor found that the
officers had not checked the cells with a required frequency. Also the death occurring in the
Eastern Harju County police station of the North Prefecture of the PBGB was related to the
effectiveness of supervision of the cells – as a result of the analysis it was found that the duties
of the client service staff of the police facility with regard to the supervision of detained persons
were not clearly regulated.
Previously, the Chancellor has not made any specific recommendation to the PBGB with regard
to the interval after which a direct check (e.g. through a peephole in the door) of a detained
person in a cell should take place, but has confined himself to emphasising the requirement that
the supervision should be effective. The Chancellor repeated the recommendation in the context
of the deaths of detained persons occurring in 2013.
The Chancellor also asked the Director General of the PBGB to analyse whether this task is
sufficiently clearly defined in the duties of officers carrying out supervision of persons detained
in the police facilities of the PBGB and whether it is realistically possible for the officers (taking
into account their other tasks and the relevant circumstances) to carry out the supervision in
such a manner. In the recommendation sent to the Director General of the PBGB the Chancellor
found that, in order to arrange effective supervision, the officers must have a clearly defined
duty without any contradictory requirements to carry out the supervision, as well as sufficient
opportunities and a realistic capability to perform the supervision alongside their other duties
(i.e. the opportunity to quickly and directly check a cell, immediately find assistance for
opening the cell, monitor the cell through a video feed, etc).
2. Accommodation Centre for Asylum Seekers
In 2014, advisers to the Chancellor carried out an own-initiative announced inspection visit to
the Vao Accommodation Centre for Asylum Seekers (case No 7-7/140425).
The work of the Accommodation Centre is organised by Hoolekandeteenused Ltd on the basis
of a contract under public law. Its duties include organising the service of the reception centre
for asylum seekers as well as the service of the reception centre for unaccompanied minors, and
assist recipients of international protection subsequent to the receipt of the initial residence
permit.
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