COMMITTEE AGAINST TORTURE STARTS REVIEW OF REPORT OF ESTONIA
The Committee against Torture this morning examined the fourth periodic report of Estonia on how that country is implementing the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Aino Lepik von Wiren, Under Secretary of Legal and Consular Affairs at the Ministry of Foreign Affairs of Estonia, presenting the report, said Estonia had ratified the Optional Protocol to the Convention and thus expressed firm commitment to fight ill treatment in cooperation with international bodies. Strenuous efforts had been made to ensure criminal procedures were conducted in reasonable time. Alternative proceedings made up over 40 per cent of all criminal proceedings. Some old prisons had been closed, others merged. Old arrest houses had been or would be closed down or renovated.
Nora Sveaass, the Committee Expert acting as Rapporteur to the report of Estonia, said the report referred to Constitutional provisions and criminalization of torture under the Penal Code. The definition of torture under the Penal Code was not quite the same as that in the Convention, lacking the references to mental suffering, intent and some other aspects. She asked how the independence of the Chancellor of Justice was assured and how the Chancellor collaborated with non-governmental organizations. Was the national institution of human rights established in accordance with the Paris Principles? She also asked for updated statistics on asylum seekers and rejected applications, and what happened to asylum seekers not granted asylum in Estonia.
Alexander Kovalev, the Committee Expert acting as Co-Rapporteur to the report, asked what practical measures had been taken to protect the rights of stateless persons in Estonia? What about discrimination against stateless children. Had it been stopped? He said much had been said in the report on training of police and prison staff but little on the training of medical staff, especially regarding sexual violence. What information could be provided on psychiatric centers and the medical care provided? On conditions of custody, he asked what punishments had been imposed on prisons not conforming to required standards? He asked for more detail on the amount of space allocated to prisoners and their living conditions in detention. What was the situation regarding inter-prisoner violence?
Other Experts asked questions about trafficking and sexual exploitation; about the notion or understanding of terrorism in Estonia and ratification of the Convention against Enforced Disappearance; about evidence gathered in prosecutions on the basis of national security; and about detention of foreign nationals, especially Russian nationals, awaiting return to their home country. Was there any form of discrimination against stateless persons? What rights and legal status and protection was provided for them?
The Estonian delegation included representatives from the Human Rights Division of the Legal Department of the Ministry of Foreign Affairs, the Ministry of Justice, the Office of the Chancellor of Justice, the healthcare and social affairs departments of the Ministry of Social Affairs, and the Estonian Mission in Geneva.
The delegation will return to the Committee at 3 p.m. on Wednesday, 14 November to provide its responses to the questions raised today.
As one of the 145 States parties to the Convention against Torture, Estonia is obliged to provide the Committee with periodic reports on the measures it has undertaken to fight torture.
When the Committee next reconvenes in public on Tuesday, 13 November at 3 p.m., it will hear the responses of Norway to the questions raised by the Committee on Monday, 12 November.
Report of Estonia
The fourth periodic report of Estonia covers legislative and administrative and other measures taken to implement the rights provided for in the Convention Against Torture from 2001 to 2004. It covers amendments to the Refugees Act, and provisions of the new Penal Code (including punishments for war crimes, crimes against humanity and genocide) and the Codes of Criminal Procedure, Civil Court Procedure and Administrative Court Procedure. It lists the numerous international conventions signed by Estonia between 2001 and 2004. It details the state of a number of prisons and training for prison officials, as well as educational, employment and medical provision in prisons. The report covers school violence, violence against women and trafficking of persons, including current research and mapping exercises. It provides a breakdown of statistics on expelled migrants and asylum seekers and conditions of temporary detention. There is also detailed coverage of verification visits made to Estonian prisons by the Chancellor of Justice, and an overview of complaints concerning staff violence in Estonian prisons.
Presentation of the Report
AINO LEPIK VON WIREN, Under Secretary of Legal and Consular Affairs at the Ministry of Foreign Affairs of Estonia, presenting the report, said there had been a number of developments since the report was submitted in 2005. Estonia had ratified the Optional Protocol to the Convention and thus expressed firm commitment to fight ill treatment in cooperation with international bodies. It was hoped that preventive visits would begin in an effective manner and Estonia was ready to cooperate. Relevant amendments to the law had been made and the follow up and continuation of the Chancellor of Justice’s inspections visits was ensured.
Strenuous efforts had been made to ensure criminal procedures were conducted in reasonable time. Speeded up mechanisms had been introduced. There was a decreased number of prisoners from 4,800 (2001) to about 3,600 (2007) and improvements in electronic surveillance (home arrest) and other non-detentional methods. Alternative proceedings made up over 40 per cent of all criminal proceedings. Some old prisons had been closed, others merged. In the coming years, there would be new prisons opening in several locations. Old arrest houses had been or would be closed down or renovated.
Trafficking in human beings had diminished since the late 1990s. Awareness raising campaigns had been held, and the International Committee of the Red Cross and the International Organization for Migration had been involved in targeted campaigns in Estonia. Specialist training for social workers, police, youth workers and others had been organised by non-governmental organizations and the Ministry of Social Affairs. A national development plan to combat trafficking established strategic objectives and goals to combat trafficking until 2009. Estonia had ratified the Protocol on the Trafficking of Persons supplementing the UN Convention on Transnational Organized Crime.
Violence against women was better understood and provisions had improved, though more research was needed. Guidelines for health workers had been issued, and other measures developed with a view to improving the protection of victims of domestic violence.
The Government had developed strategies to prevent HIV infection among vulnerable groups and the general population, with improved case management for HIV positive persons.
Questions and Issues Raised by Committee Experts
NORA SVEAASS, the Committee Expert acting as Rapporteur for the report of Estonia, said it was interesting to note that Estonia had acceded to the Convention against Torture even before the Constitution was approved and elections held in independent Estonia. Estonia had ratified all major human rights treaties and this showed strong engagement by Estonia to the issue of human rights protection.
Regarding the definition of torture and the offence of torture, the report referred to Constitutional provisions and criminalization of torture under the Penal Code. The definition of torture under the Penal Code was not quite the same as that in the Convention, lacking the references to mental suffering, intent and some other aspects. Ms. Sveaass asked for clarification on which cases would fall under the relevant articles of the Penal Code and which would not. She also asked for further information on planned changes in the Penal Code regarding these matters, and on the issue of discrimination.
Ms. Sveaass asked how the independence of the Chancellor of Justice was assured and how the Chancellor collaborated with non-governmental organizations. Was the national institution of human rights established in accordance with the Paris Principles?
She asked for more detail on arrest houses – the conditions, rights, and provisions made in the arrest houses, including medical screening.
There had been an uprising in Tallinn this year and reports suggested that some bystanders had been intimidated or physically abused by police. Could the delegation explain what had happened, and had there been any sanctions against the guilty parties?
There now appeared to be specific crimes related to trafficking and Ms. Sveaass asked for further details of this.
On asylum, she asked who the asylum seekers were, where they were held and for how long people were held. What considerations were applied in deciding whether or not to expel an asylum seeker? Who were the so-called “illegal foreigners”? She asked for updated statistics on asylum seekers and rejected applications, and what happened to asylum seekers not granted asylum in Estonia. Had the principle of diplomatic assurances been applied? Were there unaccompanied minors? Were there any extraordinary renditions in Estonian territory? Could the delegation provide updated information on requests for extradition?
The age of liability had been fixed at 14 years. The Rapporteur asked what kind of punishment for minors (14-18 years) were used?
ALEXANDER KOVALEV, the Committee Expert acting as Co-Rapporteur for the Report of Estonia, said, on the question of consular assistance, that the relevant paragraphs in the report stated normal practices in international law. What was the situation for stateless persons in Estonia in this respect? The report said more than 40,000 women had been victims of violence from 2001 to 2004. How many were stateless persons? What practical measures had been taken to protect the rights of these stateless persons? What about discrimination against stateless children. Had discrimination against them been stopped?
On the Criminal Code, what cases in practice had involved torture committed outside the national border of Estonia? Much had been said in the report on training of police and prison staff but little on the training of medical staff, especially regarding sexual violence.
On conditions of custody, the report contained numerous statistics. What punishments had been imposed on prisons not conforming to required standards? He asked for more detail on the amount of space allocated to prisoners and their living conditions and co-existence inside penal centers. What was the situation regarding inter-prisoner violence? What measures were being taken to eradicate violent offences committed in prisons and what statistics were available?
The report said “insufficient competence” had inhibited some of the work of the Chancellor of Justice in respect of certain matters. What was meant by this?
What was done about domestic violence? Were the police called? What compensation – material or moral – was provided? There was criticism about low compensation and there were concerns about the low numbers of complaints from victims.
Mr. Kovalev asked whether there had been cases since 2004 of evidence obtained through torture, and what did judges do in such cases? What information could be provided on psychiatric centers and the medical care provided?
Other Experts raised further questions on a range of topics, including: the meaning of the sentence concerning prosecution of those using mental violence “in certain institutions”; the question of proportionate punishment for torture – how did the five year maximum sentence compare with other kinds of sentence, such as felony; the rights of detainees to medical screening and what this included; statistics on investigations and prosecutions of traffickers; the issue of “reasonable” force and how proportionality and necessity were measured in the legal system; and investigation of police actions and the outcomes of the cases mentioned.
Experts wanted to know if there had been any cases of extraordinary rendition, whether sexual exploitation was a crime independent of enslavement or abduction, and whether there were shelters for victims of domestic violence. The delegation of Estonia was questioned about the relationship between the definition of torture in the Criminal Code and its stance on the European and international conventions on torture. They urged Estonia to ensure a definition of torture in the Criminal Code that was equivalent to that in the Convention against Torture. Experts asked about the notion or understanding of terrorism in Estonia and ratification of the Convention against Enforced Disappearance, and about evidence gathered in prosecutions on the basis of national security. There was a question about the monitoring of involuntary confinement in psychiatric institutions, and another about detention of foreign nationals, especially Russian nationals, awaiting return to their home country. An Expert remarked on the large numbers of stateless persons. Was there any form of discrimination against them? What rights and legal status and protection were provided? In gender violence, was there a coherent strategy among different agencies in tackling the problem. She said it would be helpful to hear more about this. An Expert was also concerned about the inadequacy of punishment for offences of torture. A five-year maximum or pecuniary penalty was insufficient.
For use of the information media; not an official record
CAT07030E