CHANCELLOR OF JUSTICE AS THE PREVENTIVE MECHANISM
The inspection visit to Harku Prison focused on the possibilities for the protection of the rights of prisoners mentioned above, as well as living conditions in the prison. Special attention was also given to ensuring
communication of prisoners with persons outside the prison, provision of health services and the situation
of children in the department for mothers and children.
Two paediatricians were involved in the inspection visit as experts for assessing the situation in the department for mothers and children. They verified, on the basis of interviews with mothers and medical staff
and examining health files of children, the environment for children in the department (including nutrition), adequacy and sufficiency of health services for children, as well as the health and development of
children (including psychological development).
In conclusion, the experts were of the opinion that the growing-up environment for children in the department for mothers and children was satisfactory. Children are ensured adequate health examination
and good medical care both in case of acute illnesses and chronic diseases. As a shortcoming, the experts
pointed out the limited communication environment for children, absence of counselling by a child
psychologist (or psychiatrist in case of necessity) and limited time that children can spend outdoors. The
experts made several proposals to the prison for eliminating these shortcomings.
When conducting a tour of the prison, advisers to the Chancellor discovered that there were holes (probably caused by installation of wires) in the corners of the ceiling of the room used for prisoners’ visits with
persons listed in § 26 of the Imprisonment Act. In order to ensure the right of communication of prisoners
and persons listed in § 26 of the Imprisonment Act without the possibility of overhearing by third persons,
the Chancellor recommended carrying out necessary repairs in the room.
In connection with communication with persons outside the prison, the Chancellor considered the practice of Harku Prison according to which long-term visits were also allowed during weekends to be right
and justified. It was also welcome that, as a rule, both long-term and short-term visits could be obtained
more frequently and for a longer duration (e.g. when children were coming for a visit or when a visitor
arrived from abroad) than the minimum prescribed by current legislation.
In reply to the Chancellor’s recommendations, the director of Harku and Murru Prison noted that in
September 2010 an additional shower room was completed in the industrial building of the prison. This
makes it possible for prisoners who do not work or engage in sports also to have access to the shower more
often than once a week if necessary and with approval of the duty officer. The director added that the
necessary repairs in the room for visits between prisoners and persons listed in § 26 of the Imprisonment
Act were carried out in February 2011.
The director of Harku and Murru Prison also informed the Chancellor that the prison had examined and
would take into account the opinions and recommendations of the experts concerning the situation of
children in the department for mothers and children. In December 2010, children staying in the department for mothers and children attended the Christmas party organised in Harku kindergarten for children
not enrolled in the kindergarten, and in the period from 6 to 27 January to 2011 the children several times
visited the playroom in Tallinn. Since February 2011, one child in the department attends kindergarten
twice a week.
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