CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
In addition, the Chancellor recommended to the Minister of Internal Affairs to draw up information material on services provided by the non-profit association Johannes Mihkelson Centre and ensure that during
the period of operation of the project asylum seekers are informed about the relevant services.
Illuka Reception Centre for Asylum Seekers informed the Chancellor that in 2010 information materials
for asylum seekers were drawn up which have been translated into Russian, English, French, Arabic, and
Dari. In 2011, translation of the internal rules will be organised.
The PBGB informed the Chancellor that the Director General by his order No 330 of 20 July 2010
approved “The procedures for designating the member state responsible for the asylum application
and its examination”, appendix 5 of which (“Rights and duties of asylum seekers”) contains the list of
rights and duties to be explained to asylum seekers, which was specified on the basis of recommendations given by the Chancellor of Justice. Information materials for asylum seekers will be revised in
2011 in the framework of the project MINAS-5, launched by the Tallinn office of the International
Organisation for Migration and financed by the European Refugee Fund and the Ministry of Internal
Affairs. The work for revising the information materials has already started. The final number of the
languages into which the material is translated has not yet been decided. If possible, information material is given to asylum seekers in writing in a language understood by them. The PBGB has made
application forms for state legal aid available in accommodation facilities for asylum seekers located at
Vilmsi Street 59. Also, officials of the International Protection Division of the Status Determination
Bureau under the Citizenship and Migration Department of the PBGB can hand over the relevant
application form to asylum applicants together with other information materials given to them and, if
necessary, an additional oral explanation of the procedure for applying for state legal aid is given to an
asylum seeker.
Second, the issues of provision of health services to asylum seekers arose during the inspection visit.
The inspection visit to the reception centre revealed that usually no initial health examination was performed upon admission of asylum seekers to the centre and no possibility of infectious diseases tests was
provided. Asylum seekers themselves had to inform the staff of the centre about which problem they
wanted to see the doctor. One asylum seeker also noted that in certain cases no interpreter was present
during the provision of health services.
During the inspection visit the head of the reception centre admitted that, although the centre had provided access to specialised medical care for the asylum seekers, it is unclear at what level health services to
asylum seekers should be ensured.
The inspection visit to the premises of the PBGB revealed that only emergency medical assistance was
ensured to asylum seekers who had received an accommodation permit.
Under § 28(1) of the Constitution, everyone has the right to the protection of health. Under § 12(2) clause
4 of the Act on Granting International Protection to Aliens during asylum proceedings or proceedings of
temporary protection the reception centre should arrange emergency medical care and medical examinations for the applicants. Under § 32(6) and § 12(1) clause 3 of the Act, emergency medical care and health
examinations should be arranged to asylum seekers in case of necessity. Under Article 15 of the Reception
Conditions Directive, Member States shall ensure that applicants receive the necessary health care which
shall include, at least, emergency care and essential treatment of illness; Member States shall provide necessary medical or other assistance to applicants who have special needs.
The Chancellor reached the conclusion that, in view of the Supreme Court opinion concerning interpretation of § 28(1) of the Constitution, and the obligation under Article 15 of the Directive, on the basis of
§ 12(2) clause 3 of the Act on Granting International Protection to Aliens both general and specialised
medical care should be guaranteed within the initial as well as subsequent medical examination if this is
necessary for the treatment of essential diseases.
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Although the Act on Granting International Protection to Aliens provides for a possibility of accommodating asylum seekers in different facilities, the level of health services provided to asylum seekers may not
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