CAT/C/CR/29/5
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(b)
The definition of torture contained in article 122 of the Penal Code as “continuous
physical abuse or abuse which causes great pain” does not seem to comply fully with article 1 of
the Convention. The Committee notes that, according to the delegation, article 122 protects
physical as well as mental health, but is of the opinion that the wording of the article may lead to
restrictive interpretations as well as confusion;
(c)
Isolated cases of ill-treatment of detainees by officials still occur in police
stations. Although violence, including sexual violence, between prisoners in detention facilities
and between patients in psychiatric facilities has diminished, the high risk of such incidents still
remains. Conditions in old police detention centres are still of concern;
(d)
The point at which a suspect or detainee can obtain access to a doctor of choice assuming one is available at all - is not clear. In any event, there are legal exceptions to the right
to have access to a lawyer and to “a person of choice” that could be abused by police. In
general, no precise time frame is set for the exercise of the rights of persons detained in police
custody;
(e)
Under Estonian law, illegal immigrants and rejected asylum-seekers may be
detained in expulsion centres until deported; such persons may be subjected to long periods of
detention when expulsion is not enforceable;
(f)
Persons of Russian nationality and stateless persons (overlapping categories) are
over-represented in the population of convicted prisoners;
(g)
No specific body seems to be in charge of collecting data in detention facilities,
whether police stations, prisons, or psychiatric facilities.
D. Recommendations
6.
The Committee recommends that the State party:
(a)
Incorporate into the Penal Code a definition of the crime of torture that fully and
clearly responds to article 1 of the Convention, and provide extensive training for judges and
lawyers on the content of the Convention as well as its status in domestic law;
(b)
Ensure that law enforcement, judicial, medical and other personnel who are
involved in the custody, detention, interrogation and treatment of detainees or psychiatric
patients are trained with regard to the prohibition of torture and that their recertification includes
both verification of their awareness of the Convention’s requirements and a review of their
records in treating detainees or patients. Training should include developing the skills needed to
recognize the sequelae of torture;
(c)
Ensure close monitoring of inter-prisoner and inter-patient violence, including
sexual violence, in detention and psychiatric facilities, with a view to preventing them;
(d)
Continue the renovation of all detention facilities in order to ensure that they
conform to international standards;