possibility to defer their situation to international organizations, request to estimate
actions of the prison administration, and notify about poor conditions of
imprisonment and violations of law by jails’ officers. ICHR assembled a report
“Analysis of Situation in Estonian Prisons” in December 2010
(http://www.lichr.ee/home/wpcontent/uploads/2014/05/Estonian-prisons-final.pdf).
Situation with the cruel treatment is Estonian jails is still acute. Concern and disturbance is
caused by signals coming from prisons and evidencing racism, xenophobia and other
types of discrimination, as well as engraining of racial stereotypes mainly as to persons of
non-Estonian origin who belong to national minorities. In accordance with the official data,
Russians and Russian speakers constitute 2/3 of prisoners in Estonian jails while they
constitute only around 1/3 of the country’s population.
In April 2013 ICHR availed itself of the opportunity to submit its Observations in relation to
the implementation of the UN Convention against Torture by Estonia
(http://www2.ohchr.org/english/bodies/cat/docs/ngos/LICHR_Estonia_CAT50.pdf). ICHR’s
remarks dealt with the following: investigation of complaints as to police violence in April
2007; use of special security equipment in prisons; use of Russian for communication with
prison staff and “labeling” of prisoners on the grounds of their Estonian language
proficiency.
The UN Committee Against Torture adopted its Concluding observations on the 5th
periodic
report
of
Estonia
on
May
30,
2013
(http://www.refworld.org/docid/51dfe0564.html). The Committee is concerned that
prisoners’ name badges include information about their proficiency in the Estonian
language (letters “A”, “B” and “C”). The Committee recommended Estonia to put an end to
any discrimination against prisoners on the basis of their proficiency in the Estonian
language and ensure that prisoners are not penalized with regard to administrative or
disciplinary matters if they do not have a sufficient understanding of the language.
Translation services should be provided for prisoners with an insufficient knowledge of the
Estonian language.
This “labeling” is perceived by many of the prisoners as discriminatory and humiliating.
Now UN Committee Against Torture is unequivocally condemning about this practice and
urge to stop the unfair treatment of prisoners on the basis of their native language or skills
to learn languages. Nevertheless the labeling continues.
Lack of opportunity for prisoners to influence their individual rehabilitation plans is another
particular concern. Notably, plans include mandatory Estonian classes at intermediate level
regardless of the fact that prisoner’s command of language is much higher.
The document also points out that definition of torture in Estonian Criminal Law is
restrictive and does not include the infliction of mental pain. The penalty for acts of torture in
Estonia is up to five years of imprisonment, which in the opinion of the Committee is not
commensurate with the grave nature of the crime.