You may be punished if you have violated the internal rules of the prison. These punishments are called disciplinary sanctions.
Only disciplinary sanctions that are legally permitted can be imposed. The law has to clearly state the type of penalty that can be imposed for a specific violation. In Estonia, there are several types of disciplinary sanctions - from a warning to a temporary placement in solitary confinement.
Rules on disciplinary proceedings and sanctions are set out in the Internal Rules of Prison and Imprisonment Act for convicted and arrested prisoners.
If the prisoner commits an act which meets the characteristics of indiscipline (potential violation of the internal rules of the prison) during a walk or when going for a walk the decision whether or not the prisoner could or could not continue the walk will be made by the prison service officer.
It should be pointed out that not later than on the day following your arrival in a prison, you will meet a prison service officer who have to explain to you your rights and obligations as a prisoner. You will be given written information concerning the Acts which regulate the execution of your imprisonment, the internal rules of the prison and the submission of complaints.
A written decision
According to the Estonian law, disciplinary proceedings shall be conducted and the facts of disciplinary penalties shall be ascertained by the prison service. Minutes have to be taken of the process of disciplinary proceedings. The minutes will be signed by the prison officer who conducted the disciplinary proceedings. These minutes, issued in writing, must include your name and id code, a full description of the violation (including time, place, circumstances, reference to the legislative provision which was breached, a list of circumstances which must clearly identify based on which facts and evidence your guilt was proven), your explanations (including if you admit the offence or not), reference to other evidence (including their location, explanation of witnesses, description of the facts), facts of the minutes (including the date and time of the protocol, list of annexes, the name of the officers who conducted and introduced the protocol as well as their position) and the reasons why the particular disciplinary penalty was applied (a reasoned proposal for disciplinary sanction).
When the prison service takes their decision, they must hear your opinion and explanations. This is particularly important if the potential penalty is to be placement in solitary confinement. Bear in mind that the right to be heard means that you must be able to express your opinion, but it does not require the prison service to agree with your opinion.
There are some exceptions, for example a prison service officer has the right to immediately terminate a short-term visit if the visit may endanger the security or violate the internal rules of the prison or the visit may the objective of the punishment or promote the commission of another criminal offence. It is not permitted to terminate visits from a criminal defence counsel.
It should be pointed out that you (either being a prisoner or a person in custody) have the right of recourse to an administrative court for compensation for damage caused by a prison on the condition that you have previously submitted an application for compensation for damage pursuant to the procedure provided for in the State Liability Act to the prison and the prison has returned the application or refused to satisfy the application or to review the application during the term.
Appeal
You can file in the challenge in regard with the decision of the prion service to the prison via inspector-contact person within 30 days as of the day when you become or should become aware of the challenged administrative act or measure. If you need additional information in regard challenging the decision of the prison service contact your inspector-contact person. The challenge will be resolved within 30 days as of the date of the forwarding of the challenge to the administrative authority which reviews the challenge. The decision made in regard with your challenge can be brought in action (appeal) to the Administrative Court within 30 days.
The procedure for the requirements for challenges and bringing an action to the court (appeal) is laid out in the Administrative Procedure Act, Imprisonment Act and in the Code of Administrative Court Procedure.
What human rights violation may there be?
Right to a private and family life
Depending on the type of penalty applied, serious violations of the disciplinary procedure may violate your right to a private and family life.
example If the chief of the prison has prevented you from meeting your family members as a disciplinary punishment, but such decision has not been issued in writing, it may violate your right to family life.
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement.
example If you are placed in solitary confinement for 15 days, without an opportunity to express your opinion during the decision making process, your right to a fair trial may have been violated.
Read more about the right to a fair trial.