CHANCELLOR OF JUSTICE AS NATIONAL PREVENTIVE MECHANISM On 20 March 2013, advisers to the Chancellor carried out an announced inspection visit to the Guard Battalion (Inspection visit to the Guard Battalion, case No 7-7/130490). No shortcomings requiring any specific recommendations or proposals to the Defence Forces were identified as a result of the inspection. In Estonia there are currently two schools for children requiring special educational measures due to behavioural problems (i.e. special schools): Tapa Special School for boys and Kaagvere Special School for girls. On 8 November 2013, advisers to the Chancellor carried out an announced visit to Tapa Special School (Inspection visit to Tapa Special School, case No 7-7/140013). The Chancellor’s previous inspection of Tapa Special School took place in 2009. As a result of the inspection, it was found that several of the Chancellor’s recommendations and proposals made after the previous visits had not been complied with. Consequently, the situation at Tapa Special School had not improved as compared to 2009. Rather on the contrary – during the inspection, the school environment was tense and both the pupils and some of the staff did not feel safe at school. The inspection visit raised serious doubts whether Tapa Special School is able to perform the task imposed on it under the Juvenile Sanctions Act to perform constant disciplinary supervision over the children referred to the school and to provide assistance in the re-socialisation of juvenile offenders and to prevent them from committing offences in the future. In the following part the main shortcomings found during the inspection are described. 5.1. Safety PART II Special schools PART III 5. PART I Defence Forces PART IV 4. The issue of safety of the pupils and staff at Tapa Special School arose as a recurring problem during the inspection. Upon the inspection, it was found that conflicts and violence between the pupils at school are frequent, and both verbal and physical attacks against the staff have also occurred. In addition, the pupils often break school property. There have also been thefts, and prohibited substances and items have been brought to the school territory. The lack of safety at the school is also exacerbated by the fact that many children attending Tapa Special School have been diagnosed with various mental disorders. For years, child psychiatrists have expressed deep concern for pupils with serious mental disorders at Tapa Special School because, according to the assessment of the psychiatrists, the special school in its current form is not a suitable place for children with low cognitive skills and unpredictable behaviour. Failure to guarantee a necessary rehabilitation environment for children with mental disorders who have been referred to special schools is also incompatible with the UN Convention on the Rights of the Child, under which measures taken in respect of children who have committed an offence must ensure that children are dealt with in a manner appropriate to their well-being and proportionate both to their circumstances and the offence. Heads of special schools have admitted that currently the special schools are unable to offer the environment appropriate for pupils with mental disorders. As a result of the inspection, the Chancellor made a proposal to the management of Tapa Special School and the Minister of Education and Research to take immediate steps to ensure the safety of the pupils and staff at the school. In addition, the Chancellor recommended that the Minister of Education and Research in cooperation with the Minister of Social Affairs should 25