One of the chancellor of justice's duties is to regularly inspect detention facilities and the conditions in which prisoners are held. On August 27, advisers to the chancellor of justice therefore made an unannounced inspection visit to Tartu Prison to examine detention conditions for inmates, including Swedish prisoners.
At the time of the inspection, Tartu Prison was holding 15 Swedish inmates. The chancellor's advisers interviewed eight inmates, spoke with prison officials, toured the prison facilities and reviewed selected documents.
"The inmates confirmed that no restraints were used on them during their journey to Estonia and that they were able to drink, eat and use the toilet during the trip," according to a report prepared following the inspection. Upon arrival at the prison, the inmates agreed to undergo medical examinations and were satisfied that they were promptly provided with the medication they needed.
Inmates did not agree to be transferred to Estonia
Most of the inmates who spoke with the chancellor of justice's advisers said they had opposed their transfer to Estonia. According to the inmates, they were given very little advance notice of the transfer — in some cases about two weeks and in others just a few days.
The inmates had an opportunity to raise objections, but they felt the responses they received were vague and brief, in some cases consisting of just a few sentences. They believed they had not been given a genuine opportunity to defend their positions and that their personal circumstances had not been taken into account when the decisions were made.
The inmates explained that they had reportedly been well-behaved and motivated prisoners in Swedish prisons. They therefore believe that the purpose of transferring them to Estonia is not to support their reintegration into society, but to portray the prison rental arrangement as a success story.
They see their transfer to Estonia as a double punishment and say they have lost their previous motivation to work toward a law-abiding life. Concerns were raised that dissatisfaction among inmates could lead to more serious problems at the prison, particularly if the number of prisoners transferred from Sweden increases.
All the inmates who spoke with the chancellor of justice's advisers claimed that, while in Swedish prisons, they had received information about detention conditions in Estonia primarily through an information brochure. They believed that the information provided in Sweden differed significantly from the actual conditions at the Estonian prison.
Some inmates claimed they had been assured in Sweden that they would continue serving their sentences at Tartu Prison under Swedish law. They also said they had been told that inmates at Tartu Prison would enjoy at least the same privileges as those in Swedish prisons, if not more. According to the inmates, this is not the case.
In addition, the inmates were unclear about what types of requests and complaints they were entitled to submit while at Tartu Prison, to whom they should address them and how to do so.
"The chancellor of justice does not know and cannot confirm what information was provided to the inmates in Sweden or how it was communicated, but all the inmates had similar impressions and understandings of the information they had received," the report stated.
Language barrier a problem
According to information gathered during the inspection, the inmates had not been given sufficient information about detention conditions and prison rules at Tartu Prison before being brought to Estonia. Once at Tartu Prison, language barriers have made it difficult for them to understand the information they receive and communicate with prison officers and other staff.
The inmates who spoke with the chancellor of justice's advisers had some command of English. The report noted that language barriers could become particularly significant when discussing more complex matters.
The inmates said they believed not all prison officers spoke fluent English, which meant they had little communication with the officers and that officers had struggled to answer their questions. This increases the risk of misunderstandings, which the inmates said could lead to unnecessary conflicts.
For example, one inmate was prohibited from using an item that some other inmates were allowed to use. The inmate perceived this difference in treatment as hostile and believed it was due to his skin color and ethnic background.
However, subsequent discussions with prison officers revealed that the inmate had not been allowed to take the item into his cell because security stickers first needed to be attached to it. The allegation of discriminatory behavior by prison officers was not substantiated. The situation and the unnecessary tension it caused could have been avoided if the inmate had received a timely explanation in a language he understood.
The report also noted that prison officers had not yet used translation apps when communicating with inmates. Although an interpreter was present during medical examinations, the interpreter translated explanations from Estonian into English rather than Swedish.
For example, one inmate was found to have a heart-related health condition during a medical examination. The inmate said he would like to receive more information about his condition in Swedish and have the opportunity to ask questions about the complex medical issue and receive answers he could fully understand.
Fees to high to keep in touch with family
Based on information gathered during the inspection, the chancellor of justice's advisers questioned how thoroughly the family ties of Swedish inmates transferred to Tartu Prison in August, as well as the rights and interests of their children, had been assessed.
Several inmates who spoke with the advisers said their loved ones lived in Sweden and that they had maintained regular contact and visits with them before being transferred to Estonia. According to the inmates, the transfer has made communication with their loved ones considerably more difficult and in-person visits impossible.
One younger inmate said he was very close to his mother and two younger sisters, both minors. He said the transfer to Estonia had been extremely difficult for both him and his family, as they had been a major source of support and had encouraged him to lead a law-abiding life.
Another inmate said he had a child around 10 years old in Sweden and that, before his transfer to Estonia, he had hoped to reach an agreement with the child's mother that would allow the child to visit him in prison. According to the inmate, his transfer to Estonia has made such visits impossible.
A third inmate said his approximately 2-and-a-half-year-old child lived about 20 minutes from the Swedish prison where he had been serving his sentence. He had received regular weekly visits from his child since the child was 3 months old. The inmate was deeply concerned that his relationship with his child would be irreparably damaged and that the child would become estranged from him.
The inmates who spoke with the chancellor of justice's advisers said they believed calling their loved ones from Estonia was more expensive than calling from Sweden. As a result, they may no longer be able to maintain contact with their families as frequently as before. At the time of the inspection, inmates transferred from Sweden to Estonia were not yet able to make video calls.
All the inmates who spoke with the chancellor of justice's advisers said their loved ones could not afford to travel to Estonia because of travel and other costs associated with visits. Most inmates said neither they nor their family members had been informed whether financial assistance was available to cover travel and other visit-related expenses or, if so, how to apply for it. Only one inmate interviewed mentioned having heard that such assistance might be available.
Wrong placement of TVs
The inmates were also dissatisfied with the placement of two televisions side by side in cells at Tartu Prison. In Swedish prisons, televisions are mounted on the walls opposite the beds, allowing cellmates to watch television without disturbing each other.
Although inmates are allowed to use headphones, they find it distracting to watch two different programs simultaneously on adjacent screens. The inmates believed this arrangement could easily lead to conflicts.
Several inmates also raised concerns about the safety of sleeping in the upper bunk because it has no guardrail. They said they were afraid of falling out of bed while asleep and acknowledged that their sleep had been disrupted as a result.
The inmates explained that they had raised their concerns with prison officers and had subsequently been placed in cells on their own, allowing them to sleep in the lower bunk. However, they said the problem could arise again when more inmates arrive at the prison and two people are assigned to each cell.
No privacy while showering
The inmates who spoke with the chancellor of justice's advisers pointed out that the shower room in their prison unit has three showerheads positioned close together, intended to serve approximately 40 inmates. The inmates felt their privacy was not adequately protected while showering because there were no partitions between the showers. As a result, they currently shower one at a time.
The inmates explained that showering individually is manageable when there are seven or eight inmates in the unit, but becomes very difficult as the number increases. It is unrealistic to expect approximately 40 inmates to be able to use the shower room individually every day.
Muslim inmates noted that they had not yet had an opportunity to meet with an imam or participate in communal prayers. Prison officers acknowledged that inmates must be given the opportunity to practice their religion. However, it remained unclear whether arranging access to Muslim religious leaders was the responsibility of Estonia or Sweden.
The report stated that the problems could only be resolved through cooperation between Estonia and Sweden and that the findings would therefore also be forwarded to the relevant Swedish authorities.
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