(h) Abolish incommunicado detention;
(i) Ensure that all persons convicted by decisions of military courts in terrorism cases shall have the right to have their
conviction and sentence reviewed by a higher tribunal according to law;
(j) Halt all practices involving abuse of minors in places of detention and punish the perpetrators, and ban the holding of
under-age detainees with adult detainees;
(k) Remove all ambiguity in legislation which might underpin the persecution of individuals because of their sexual
orientation. Steps should also be taken to prevent all degrading treatment during body searches;
(l) Establish the State’s jurisdiction over all persons alleged to be responsible for torture who are present in the country
and are not extradited to other States in order to be brought to justice, in accordance with the provisions of articles 5 to 8
of the Convention;
(m) Ensure that non-governmental organizations engaged in human rights work can pursue their activities unhindered,
and in particular that they have access to all places of detention and prisons so as to guarantee greater compliance with
the ban on torture and ill treatment;
(n) Establish precise rules and standards to enable the victims of torture and ill treatment to obtain full redress, while
avoiding any insufficiently justified disparities in the compensation which is granted;
(o) Continue the process of training law enforcement personnel, in particular as regards the obligations set out in the
Convention and the right of every detainee to medical and legal assistance and to have contact with his or her family;
(p) Consider adopting the declarations referred to in articles 21 and 22 of the Convention;
(q) Widely disseminate the Committee’s conclusions and recommendations in the State party in all appropriate
languages.
43. The Committee reiterates to the State party the recommendations addressed to it in May 1996 on the basis of the
conclusions the Committee reached under the procedure provided for in article 20 of the Convention, and requests the
State party to inform it of the steps it has taken to implement them.
44. Bearing in mind the statements made by the State party concerning its willingness to cooperate with the United
Nations human rights treaty bodies and mechanisms, the Committee recommends that the State party agree to a visit by
the Special Rapporteur on torture of the Commission on Human Rights.
ESTONIA
45.The Committee considered the initial report of Estonia (CAT/C/16/Add.9) at its 534th, 537th and 545th meetings, held on 14, 15
and 21 November 2002 (CAT/C/SR.534, 537 and 545), and adopted the following conclusions and recommendations.
A. Introduction
46.The Committee welcomes the initial report of Estonia, but regrets that the report, due on 19 November 1992, was submitted with
more than eight years’ delay. It notes, however, that the report includes material up to 2001. The Committee acknowledges, in this
regard, the difficulties encountered by the State party during its political and economic transition and hopes that in the future it will
comply fully with its obligations under article 19 of the Convention.
47.The report, which contains information mainly on legal provisions and fails to address in detail the practical implementation of the
Convention and the difficulties encountered in this regard, does not comply fully with the reporting guidelines of the Committee.
However, the Committee acknowledges the extensive responses to its questions received from the delegation.
B. Positive aspects
48.The Committee notes the following positive developments:
(a)The nomination of a Legal Chancellor who also acts in the capacity of an ombudsman;
(b)The abolition of the death penalty in 1998;
(c)The possible direct applicability, under the Constitution, of the definition of torture set out in article 1 of the Convention;
(d)The entry into force on 1 September 2002 of the new Penal Code, which introduces torture as an offence and aims at developing
a flexible and individualized penal system that will increase the possibilities for the rehabilitation of prisoners by providing them with an
opportunity to work or study;
(e)The improvement of prison conditions through, in particular, the suppression of special punishment cells, the renovation of
detention facilities and the opening of the new Tartu prison, which will conform to recognized international standards. The Committee
also welcomes the entry into force on 1 December 2000 of the Imprisonment Act, based on the “European Prison Rules”, as well as
the power given to the Legal Chancellor and members of the Health Protection Office under the 2000 Internal Rules of Detention to
have free access to all rooms in detention centres;