Advisers to the chancellor of justice conducted unannounced inspections of detention cells in Haapsalu, Rapla and Paide.

Chancellor Ülle Madise sent a letter to the West Prefecture highlighting that, based on the information collected by her office, there is reason to believe that all detainees brought to the cells in Rapla station must strip naked and squat for inspection. The review also pointed out that, due to staff shortages, detainees have been searched by police officers of the opposite sex.

Indrek-Ivar Määrits, head of the inspection visits department at the Justice Chancellor's Office, stated that there must be suspicion that a detainee is hiding a prohibited item for them to be required to strip.

"When a person is taken to a detention facility, they are generally searched by someone of the same sex – this is a well-known and recognized principle, and ignoring it is not acceptable. The decision about who sees one's body should generally be made by the individual, and this should only be overridden under very exceptional circumstances," Määrits said.

Additionally, the Chancellor's Office found that police in Rapla have placed individuals prone to self-harm in cells to sober up.

According to the office, detainees have been placed in cells naked and, when necessary, have had handcuffs and leg restraints used on them.

Määrits emphasized that detainees with suicidal tendencies should not be placed in a cell but rather in a psychiatric hospital.

The criticisms came as a surprise to West Prefecture Chief Kaido Kõplas. He stated that the police regularly inspect detention facilities and monitor officers' behavior. He noted that none of the claims made by the Justice Chancellor's Office have been identified previously.

"I have reviewed hundreds of documents over the years, and such issues have never arisen. The use of leg restraints, for instance, is only for extreme cases and for aggressive individuals, certainly not for those placed in sobering cells," Kõplas said.

Kõplas explained that different rules apply to search procedures.

"There are two specific procedures – a personal search when placing an individual in a detention cell, and a security check. A security check can be conducted by an officer of the opposite sex, but a personal search cannot be under any circumstances. We have strictly adhered to this rule," Kõplas said.

The inspection also revealed that all police stations suffer from staff shortages. As a result, patrol officers must supervise detainees placed in cells.

Kõplas mentioned that a few years ago, the PPA made cuts, and it was not practical to maintain staff in the detention facilities of Rapla, Paide and Haapsalu, as the occupancy rate was 20-30 percent annually.

"Those detention facility staff spent a lot of time with nothing to do. Assigning them additional tasks was very challenging. We converted these into temporary detention cells, meaning we can hold people there for 48 hours before transferring them to prison for further custody," Kõplas said.

"We do not have dedicated staff for the detention facilities or temporary detention cells, and when we bring someone in, a patrol officer is assigned to supervise, which means taking them off the street. Yes, we do have a resource shortage – I agree. But overall, looking at the annual average, we save more resources this way," Kõplas added.

The Chancellor of Justice's Office also highlighted the lack of natural light in the detention cells of the Haapsalu, Rapla and Paide police buildings. They requested a solution to ensure natural light access to these cells. The same concern was raised by the watchdog in 2018.

Additionally, the office noted the absence of an exercise yard at the Haapsalu police station detention cells.

Chief Kõplas mentioned that the issues can be resolved, and the PPA is in discussions with state real estate manager Riigi Kinnisvara AS.

The review also highlighted that among the medications stocked for detainees, there are over-the-counter drugs that have exceeded their expiration dates. Moreover, one of the toilets in a Haapsalu cell is not blurred in surveillance cameras. Kõplas expressed gratitude for the feedback and stated that the issue would be corrected in the coming days.

Kõplas requested the PPA Internal Affairs Bureau to initiate an inspection procedure. "We will verify all the facts presented here, particularly those concerning Rapla and the treatment of detainees," he added.

Chancellor Ülle Madise expects feedback from the prefecture by mid-September at the latest.

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