A/68/44
(e)
The launching in 2009 of the programme funded by the European Fund for
the Integration of Third-Country Nationals to offer language courses for all persons “with
undetermined citizenship” or citizens of third countries;
(f)
The operation since 2008 by the Estonian Women’s Shelters Union of the
nationwide free helpline for women experiencing violence;
(g)
The adoption on 14 December 2007 of an Integration Strategy and of the
State Integration Programme for 2008–2013;
(h)
The operation since 2004 of a helpline for the prevention of human
trafficking and for counselling, financed since 2006 by the Ministry of Social Affairs and
run by Living for Tomorrow, a non-governmental organization.
C.
Principal subjects of concern and recommendations
Definition of torture
(7)
While taking note of the delegation’s assertion that Estonia intends to amend its
Penal Code to bring it in line with the Convention, and recalling its previous concluding
observations (para. 8), the Committee is concerned that the definition of torture in section
122 of the Penal Code does not reflect all of the elements contained in article 1 of the
Convention, such as infliction of mental pain (arts. 1 and 4).
The Committee recommends that the State party amend its Penal Code to include a
definition of torture in conformity with the Convention which covers all the elements
contained in article 1 of the Convention.
Penalties for acts of torture
(8)
Recalling its previous concluding observations (para. 13), the Committee is
concerned that the penalty in the Penal Code for acts of torture of up to five years of
imprisonment is not commensurate with the grave nature of the crime. It is also concerned
by the discrepancy between the penalties for torture and those for trafficking in human
beings, which is also a form of torture, of up to 15 years’ imprisonment, and that sentences
served for acts of torture are usually of approximately one-and-a-half years according to the
representatives of the State party (arts. 2 and 4).
The Committee recommends that the State party amend its Penal Code to include
penalties for acts of torture which take into account their grave nature, in accordance
with article 4, paragraph 2, of the Convention and taking into consideration the
Committee’s general comment No. 2.
Fundamental legal safeguards for persons deprived of their liberty
(9)
The Committee is concerned that persons deprived of their liberty may not enjoy all
fundamental legal safeguards against torture and ill-treatment from the very outset of their
detention, in particular the right to a lawyer and the right to inform a person of their own
choice. It is also concerned by reports that detention registers in police stations are not
always kept in a regular manner (arts. 2, 12, 13 and 16).
The State party should:
(a)
Take effective measures to guarantee that all persons deprived of their
liberty are afforded, by law and in practice, all the fundamental legal safeguards from
the outset of their detention, namely, the rights to be informed of the reasons for their
arrest and of the charges against them; to be informed of their rights; to have prompt
access to an independent lawyer and, if necessary, to legal aid; to inform a person of
their own choice; to receive a medical examination by an independent doctor, if
possible, a doctor of their choice; to be brought before a judge without delay; and to
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