c. immigration detention facility ; (Read full CPT report)
31. The procedure for the detention and expulsion of foreign nationals is governed by the Obligation to Leave and Prohibition of Entry Act, the State Borders Act and the Act on Granting International Protection to Aliens. Persons who have not been permitted to cross the border and persons who have illegally crossed the border may be detained for grounds including risk of absconding, failure to cooperate, lack of documents, need to verify personal identity and legal basis or entry. Foreign nationals may be detained by the Police and Border Guard, or the Internal Security Service, for up to 48 hours. If enforcement of a removal decision is not possible within 48 hours of apprehension, the police is required to apply to the administrative court for authorisation to place a foreigner in a detention centre for up to two months.36 Upon request from the Police and Border Guard, the administrative court may extend the authorisation to detain for renewable periods of up to four months each.37 The maximum time limit for detention pending deportation is 18 months from the day of placement in the detention centre.
32. The delegation visited Estonia’s only immigration detention facility, located in a building adjacent to Tallinn Detention House. Opened in 2018, its full official name was the Detention Centre of the Information Bureau of the Northern Prefecture of the Police and Border Guard Board (hereafter, the Centre). With an official capacity of 123 places, it was accommodating 11 foreign nationals at the time of the visit, four of whom were asylum seekers. According to data provided by the Estonian authorities at the outset of the visit, the Centre held a total of 109 persons in 2022 and 80 persons in the first period of 2023. The average length of detention in the two periods was, respectively, 40 and 15 days. That said, five of the persons held in the Centre at the time of the visit had been detained for over two months and one person for about 16 months.
33. Material conditions at the Centre were very good. All rooms were of a reasonable size (most
could accommodate up to four detainees but were occupied by one or, at times, two persons), had
good access to natural light and artificial lighting, and were well-ventilated and clean. They were also
adequately furnished and contained detainees’ personal items. Further, foreign nationals had unrestricted access to communal sanitary and shower facilities, which were in a good state of repair
and cleanliness. However, the outdoor facilities of the Centre’s admission unit – in which newly-arrived foreign nationals were accommodated for the first few days – consisted of a fenced-off area with no
horizontal view, lacking any equipment such as a means of rest and a shelter against inclement
weather. The Committee recommends that this outdoor area be fitted with a means of rest and
a shelter against inclement weather along with, preferably, some equipment for physical exercise.
34. As regards the regime, the CPT welcomes the fact that, during the day, foreign nationals were allowed to move freely within the Centre, including its outdoor area, which was equipped with sport facilities. In addition, they had access to communal rooms, and were able to watch television, use computers and a printer, play board games or read newspapers/books. However, it is a matter of concern that most of the foreign nationals who had been held in the Centre for prolonged periods were not offered any organised activities. The Committee is of the view that the longer the period for which persons are detained pursuant to aliens legislation, the more developed should be the activities which are offered to them. Consequently, the CPT recommends that steps be taken to offer a broader range of organised activities to foreign nationals held at the Centre for prolonged periods.
35. Healthcare at the Centre was provided by two general practitioners who attended the
establishment from Monday to Thursday for a combined total of 15 weekly hours (0.3 FTE39), and
three nurses who took shifts to ensure a presence of four hours every day including weekends
(0.5 FTE). The staffing level was adequate in relation to the low occupancy prevailing at the time of
the visit, but would need to be increased if a higher number of detained foreign nationals
arrived at the Centre.
Emergency medical care and transfers to hospitals as well as outside consultations were arranged whenever necessary. However, the CPT must stress the need for particular attention to be paid to the mental health and psychological state of foreign nationals in custody, some of whom are asylum seekers and may be affected by previous traumatic experiences, while others might be suffering from psychological stress while awaiting deportation. In this context, steps should be taken to ensure that the Centre is visited on a regular basis by mental healthcare professionals, such as a psychiatrist and a psychologist.
Furthermore, the delegation was concerned to observe that custodial staff were involved in the distribution of medication to detained foreign nationals and, sometimes, remained within hearing range during medical examinations (namely, in the consultation room or just outside the room with the door open). The Committee recommends that steps be taken to ensure that medication is distributed exclusively by healthcare staff, and that medical examinations are conducted out of the hearing and – unless the healthcare staff expressly request otherwise in a given case – out of the sight of non-medical staff.
36. As regards medical screening of persons arriving in the Centre, a health questionnaire was completed by a nurse. The procedure included voluntary screening for transmissible diseases (HIV, hepatitis B and C) and a basic physical examination (blood pressure, temperature, etc.), whereas there was no systematic screening for mental health antecedents. Injuries were recorded, but without inclusion of persons’ statements and the doctor’s conclusions regarding the origin of the injuries. No
dedicated injury register was kept.
The CPT recommends that the Estonian authorities take the necessary measures to ensure that the medical screening upon arrival at the Centre:
– enables the identification of potential mental disorders, acute and chronic diseases, infections, addiction, injuries, medication needs as well as traumatic disorders and signs of victimisation, including violence or abuse;
– includes the recording of any signs of injury, together with any relevant statements of the detained person and the doctor’s conclusions regarding the origin of the injuries. Further, a dedicated register on injuries observed on detained persons during admission and detention should be put in place.
37. The delegation noted that, upon admission, all foreign nationals received written information on their rights (including the right to lodge complaints)40 and obligations, as well as a copy of the internal rules (which were available in a wide range of languages including Estonian, Russian, English and French). This was a positive practice.
38. By contrast, the arrangements for contacts with the outside world were not fully satisfactory. Detained foreign nationals were allowed to send and receive letters, have short-term supervised visits (every day during visiting hours for up to three hours),41 and make telephone calls using the Centre’s telephones. However, there was no opportunity to have unsupervised long-term family visits. Moreover, opportunities for contact with the outside world were further restricted by a ban on access to the Internet (except to consult legislation and visit some institutional websites)42 and a prohibition on using personal mobile phones inside the Centre. In this regard, the CPT welcomes the recent annulment of the mobile phone ban by the Supreme Court.43
The Committee invites the Estonian authorities to consider extending the possibilities for foreign nationals to have contact with the outside world, including by permitting the organisation of long-term unsupervised visits, and by allowing detainees to use internet- based communication channels (such as Voice-over-Internet-Protocol).
