Additional security measures will be used against you only when it is necessary - when you regularly violate the requirements of the Imprisonment Act or the internal rules of the prison, damage your health or are likely to attempt suicide or escape, pose a threat to other persons or security in the prison. Additional security measures may also be imposed for prevention of grave offences.
In addition, means of restraint may be also used upon escorting you. Legcuffs may be used as a means of restraint only upon escorting you or placement of you inside the prison. Means of restraint can not be applied for longer than 12 hours.
The prison staff can only use measures that are expressly allowed for by law and under the conditions stated under the law. In Estonia, these conditions can be found in the Imprisonment Act.
The use of special equipment and service weapons by a prison service officer is permitted only in extreme cases as a measure of last resort if all the remaining measures are exhausted to prevent a prisoner's escape, apprehend an escaped prisoner, neutralise an armed or otherwise dangerous prisoner or prevent an attack or intrusion of other people in the prison. In using special equipment and service weapons, prison service officer must avoid causing harm to the health of persons insofar as possible in a particular case.
Prohibited means of restraint
Degrading or unnecessarily painful means of restraint, like heavy chains, must never be used against you. Physical restraint must never be used as a means of punishment!
Conditions
There are certain rules that must be taken into account when prison staff use any means of physical restraint. These are:
- Whether there is any danger requiring the use of special security measures?
- Whether there are other, less coercive means to ensure safety and order?
- Whether the method of restraint or other security measure is appropriate for the situation and the person involved?
- Whether the measure was used for only as long as it was necessary?
What human rights violation may there be?
Prohibition against inhumane or degrading treatment
If special security measures or restraints are used against you contrary to these rules, it may lead to a violation of your right not to be treated in an inhumane or degrading way or in the most severe cases, even torture. However, to violate your rights, the effect these measures leave on your physical or mental condition must reach a certain level of severity.
example If you were handcuffed for 20 minutes on one occasion while on the way to another location in the prison, most likely this will not violate your human rights. However, if you are systematically required to wear handcuffs inside the prison every time you leave your cell, this will most likely violate your rights.
Read more about how to evaluate whether your rights have been violated.
How to complain
If you believe that your rights have been violated, you should complain to the prison (via inspector-contact person within 30 days). Read more about how to complain.