CAT/C/EST/CO/5
(c)
Ensure that the construction of planned additional prisons and the
expansion and renovation of existing places of detention continue according to
schedule;
(d)
Ensure the existence of impartial mechanisms to deal with the
complaints of prisoners about their conditions of detention and provide effective
follow-up to such complaints.
Categorization of prisoners according to their language proficiency
18.
The Committee is concerned by reports that since 2011, prisoners’ name badges
include information about their proficiency in the Estonian language, which some consider
to be discriminatory and humiliating (arts. 2, 11 and 16).
The Committee recommends that the State party put an end to any discrimination
against prisoners on the basis of their proficiency in the Estonian language and ensure
that prisoners are not penalized with regard to administrative or disciplinary matters
if they do not have a sufficient understanding of the language. Translation services
should be provided for prisoners with an insufficient knowledge of the Estonian
language.
Use of restraints
19.
The Committee is concerned by reports of unjustified use of restraints in prisons,
including handcuffs, owing to an insufficient assessment of the situation and the options to
deal with it by the prison officers (arts. 2, 11, 12, 13 and 16).
The Committee recommends that the State party ensure strict adherence by all prison
officers to the new, more specific regulations concerning the use of restraints in
prisons in force since 2011, as well as adherence to the protocols and filling in of
registers documenting the use of restraints, including the reasons for use, duration of
use and particular method of restraint used. The State party should ensure that all
complaints of violations concerning the use of restraints are promptly and
independently investigated and the persons responsible are held to account.
Persons with disabilities
20.
While taking note of the 1 September 2012 amendments to the Mental Health Act,
the Committee is concerned by reports of shortcomings in judicial oversight regarding the
involuntary hospitalization and forced medication of persons with mental and psychosocial
disabilities in psychiatric institutions. It is also concerned by the lack of a complaints
mechanism regarding involuntary placement of treatment. In addition, the Committee is
concerned by information that persons with psychosocial disabilities or their legal
guardians are not often denied the right to be sufficiently informed about criminal
proceedings and charges against them, the right to a fair hearing and the right to adequate
and effective legal assistance (arts. 2, 10, 11, 12, 13 and 16).
The State party should:
(a)
Ensure effective supervision and independent monitoring by judicial
organs of any involuntary hospitalization in psychiatric institutions of persons with
mental and psychosocial disabilities; and ensure that every patient, whether
voluntarily or involuntarily hospitalized, is fully informed about the treatment to be
prescribed and given the opportunity to refuse treatment or any other medical
intervention;
(b)
Ensure effective legal safeguards for persons in such institutions,
including the right of effective appeal;
7