CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM
PART IV
PART III
PART II
PART I
opportunities and health. The Chancellor also recommended to analyse the appropriateness of
the clothing provided to prisoners by the prison and, if necessary, change the practice of the
provision of clothing (i.e. offer clothing which is suitable for the prisoners).
3.8. Outdoor exercise
The inspection of Harku and Murru Prison revealed problems with ensuring daily one-hour
outdoor exercise for prisoners were found. The place designated for outdoor exercise was a yard
surrounded by wire netting without any walls or roof to protect persons from inclement weather.
Male prisoners explained that at the time when they were outdoors the female prisoners could
use the shower in the male accommodation bloc and, therefore, it was complicated to go back
to the accommodation bloc in case of wish (e.g. when a person got cold while outside), because
the prison service did not send the persons back to the building within a reasonable time as of
the moment of expressing the relevant wish.
The CPT has constantly stressed the importance of an opportunity for daily outdoor exercise and
it has also explained that the place designated for outdoor exercise must offer an opportunity
to rest and protection from inclement weather, and the prison service is required to take the
necessary measures to ensure this.39 Specifically in the Estonian context, the CPT has criticised
Viru Prison, recommending that the outdoor exercise yards should be equipped with a means
of rest and shelter from inclement weather.40
The Chancellor recommended to Harku and Murru Prison to change the exercise yard next to
the accommodation bloc, so that it would offer shelter in case of poor weather (e.g. by partly
covering it with a roof, equipping it with a wall behind which it is possible to get shelter from
wind). The Chancellor added that the organisation of work should be based on the principle that
in case of a wish a person should be sent back to the accommodation bloc within a reasonable
time. In the Chancellor’s opinion, the reasonable time should not exceed five minutes.
3.9. Living conditions
During the inspection of Harku and Murru Prison, several shortcomings regarding the living
conditions were found.
A continuing problem which has persisted for years in the Harku imprisonment section of
Harku and Murru Prison is related to the scarce opportunities of female prisoners to take care
of personal hygiene. The prisoners complained that during the designated 20-minute period
before the line-up in the morning they did not reach to get themselves tidied up and visit the
toilet. According to the prisoners, the situation is particularly bad in N1 department which has
only 3 lavatories and 3 sinks in the washing room to be shared by approximately 70 prisoners.
Female prisoners who take a shower only in the accommodation bloc (i.e. those who are not
working) complained that they had too little time (allegedly 15 minutes per person) to wash
themselves and then get tidied up (including drying the hair as there is no hairdryer).
The situation of the rooms (as well as the fittings in them) used for taking care of personal
hygiene is practically the same as during the previous inspection.41 The Chancellor notes that
22
39 See, e.g. „Report to the Spanish Government on the visit to Spain carried out by the European Committee for
the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 31 May to 13 June
2011“, para 131. Available online: http://www.cpt.coe.int/documents/esp/2013-06-inf-eng.htm.
40 See „Report to the Estonian Government on the visit to Estonia carried out by the European Committee for the
Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 30 May to 6 June 2012“,
para 63. Available online: http://www.cpt.coe.int/documents/est/2014-01-inf-eng.htm.
41 See inspection visit to Harku Prison in 2010. Available online: http://oiguskantsler.ee/sites/default/files/
IMCE/inspection_visit_to_harku_prison_0.pdf.
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