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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