CAT/C/EST/CO/5
(d)
An amendment to Section 133 of the Penal Code that entered into force in
March 2007 which improves the definition of the elements of enslavement.
6.
The Committee also welcomes the efforts of the State party to amend its policies,
programmes and administrative measures to give effect to the Convention, including:
(a)
The adoption in 2010 of the final implementation report on the Government
Development Plan for Combatting Trafficking in Human Beings 2006–2009;
(b)
The adoption in April 2010 of the Development Plan for the Reduction and
the Prevention of Violence 2010–2014 and of the National Action Plan on Domestic
Violence for the period 2008–2011;
(c)
The adoption in 2010 of a new police regulation on how to treat victims of
domestic violence and how to investigate and record cases of domestic violence;
(d)
The adoption in 2010 by Parliament of the Guidelines for Development of
Criminal Policy until 2018;
(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.
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