Published: 2015-04-02
Key Benefits:
Passed 16.10.2014 Annex 44
RT I, 23.10.2014, 2
Entry into force 01.12.2014
| 26.03.2015 | RT I, 28.03.2015, 2 | 02.04.2015 |
The Regulation is based on subsection 2610 (4), subsection 2621 (1) and 2625 (3) of the Obligation to Leave and Prohibition on Entry Act.
[RT I, 28.03.2015, 2 - entry into force 02.04.2015]
The internal rules provide for the conditions and procedure for detention of an alien placed in the detention centre on the basis of the Obligation to Leave and Prohibition on Entry Act and the Act on Granting International Protection to Aliens (hereinafter alien).
(1) The Director General of the Police and Border Guard Board shall approve by a directive the rules of procedure of the detention centre, which provides for:
1) the daily schedule of the detention centre;
2) office hours and organisation of reception of packages;
3) organisation of shopping;
4) possibilities of an alien for leisure activities;
5) other conditions specifying the general procedure and organisation of the performance of the decisions on detention provided for by this Regulation.
(2) The rules of procedure shall be published on the website of the Police and Border Guard
Board and communicated to an alien placed in the detention centre.
(1) An alien is received into the detention centre on the basis of the administrative court ruling or a certified copy of the report on the detention and an identity document, in the absence thereof, on the basis of a document enabling identification.
(2) Medical examination shall be performed with regard to an alien within 24 hours as from the arrival thereof in the detention centre.
(1) An alien shall be accommodated in a room intended for one or several persons.
(2) The provisions of the Obligation to Leave and Prohibition on Entry Act and the Act on Granting International Protection to Aliens concerning the placement of an alien separately, as well as the nationality, religious beliefs, previous offences and other significant circumstances shall be taken account of upon placement of an alien in a room.
(3) The door of a room in the detention centre may be locked only from outside.
(4) A list of aliens accommodated in a room is placed on the door of the room of the detention centre.
(1) The furnishings of a room include:
1) a single bed or bunk bed;
2) a bedside table;
3) a table;
4) a chair;
5) a wardrobe.
(2) The furnishings of a separate locked room include:
1) a bed;
2) a table and a chair;
3) a washing place;
4) a WC.
(3) The head of the detention centre or an official appointed by him or her may give a permission to furnish the room with items not specified in subsection (1) and (2) of this section if this is in compliance with the purposes of the execution detention or this is necessary for the provision of health care service.
(4) Unauthorised relocation of the furnishings of a room and use of interior items given for use to other aliens is prohibited.
(1) Upon reception in the detention centre an alien is registered and a personal file shall be opened with regard to the alien.
(2) A personal file shall be kept digitally and on paper.
(3) If the data and documents specified in clauses 7 (1) 1)-10) of this Regulation are entered in the database of aliens staying and having stayed in Estonia illegally or in the state register of granting international protection (hereinafter databases), the data and documents entered in the specified databases shall be considered as part of the personal file.
(4) In the personal file paper documents are numbered and their list is kept in the file separately.
(5) If original documents subject to be returned to a person are kept in the file, their list is kept in the file separately.
(6) A personal file is preserved in a manner which ensures secure preservation of the data and documents and protection of personal data.
(1) The following documents and data shall be entered into the personal file:
1) documents and data forming the basis for placement into the detention centre;
2) personal profile of the alien;
3) documents and data handed over upon the reception of an alien;
4) documents of an alien;
5) a fingerprint card of an alien;
6) signaletic photographs of an alien;
7) documents and data related to the detention of an alien;
8) requests, applications and complaints of an alien;
9) documents and data related to the release from the detention centre;
10) data with regard to whether an alien has been explained his or her rights and obligations and he or she has examined the internal rules and rules of procedure of the detention centre.
(2) The Police and Border Guard Board shall forward the documents describing the state of health, which an alien has with him or her, to the health care service provider of the detention centre, who ensures the secure preservation of the data and documents and protection of personal data.
(1) Restriction on access to data and documents in the personal file is established and they are classified as data intended for internal use.
(2) The following persons shall have the right to examine the personal file and receive data therefrom:
1) an alien and his or her representative;
2) a third person if there is a basis arising from the law for examination of the documents and data and this is necessary for the performance of duties imposed on him or her by law.
(3) Examination of the personal file is performed in the presence of an official of the detention centre, who ensures the secure preservation of the data and documents.
(4) The Police and Border Guard Board shall keep account of the examination of the personal file, issue of data and documents therefrom, composition and receivers thereof.
(5) In the case provided for in subsection 6 (3) of this Regulation the examination of the personal file and issue of data and documents therefrom is guided by this Regulation and the legislation regulating the keeping of the respective database.
(1) A personal file is entered into the archives when:
1) an alien has been released from the detention centre;
2) an alien has died;
3) the obligation to leave of an alien has been complied with.
(2) The personal file of an alien shall be preserved in the archives of the Police and Border
Guard Board for three years.
(3) In the case provided for in subsection 6 (3) of this Regulation archiving and preservation of the personal file is guided by this Regulation and the legislation regulating the maintenance of the respective database.
(1) An alien may, during the periods of time prescribed in the daily schedule, move about in the dwelling and the corridor of the dwellings, in the dining, recreational and lavatory rooms and within the walking area in the territory of the detention centre. Upon the written decision of the head of the detention centre or an official appointed by him or her temporary exceptions may be made from the organisation of movement for countering mass disorders and attacks from outside the detention centre, apprehension of an escaped alien or other state of emergency. The reason for making an exception and the expected period of validity shall be noted in the decision.
(2) During lights-out time an alien may not leave his or her room or enter other rooms without good reason. Upon violation of the lights-out time or internal rules the rooms of aliens may be locked for the lights-out time on the decision of the head of the detention centre or an official appointed by him or her.
(3) An alien is prohibited to stay in the immediate vicinity of the fences of the territory of the detention centre, climb on the fences, throw objects over the fences and communicate with persons staying outside the territory.
(4) The head of the detention centre or an official appointed by him or her may permit in justified cases by a written decision to make exceptions from the daily schedule of the detention centre unless it endangers the compliance with the internal rules or security of the detention centre or disturbs other aliens.
(1) An alien is provided diet, additional and special alimentation on the prescription of the healthcare service provider, who shall decide on the duration of the treatment.
(2) Alimentation of an alien who is placed in a separate locked room is performed in the separate locked room.
(1) An alien is required to handle the things entrusted thereto prudently and keep in order and clean the dwelling and non-work rooms which the alien uses.
(2) An alien is required to wash and keep tidy personal clothes and footwear as well as those provided by the detention centre.
(3) An alien is prohibited to damage the furnishings of the room and property of the detention centre. Upon causing proprietary damage a report is prepared concerning the damage caused and the extent thereof. If the alien does not agree to compensate for the damages, the
damages may be collected pursuant to the procedure provided for by law.
(1) Supervision over an alien is exercised in a manner which enables compliance with the
Obligation to Leave and Prohibition on Entry Act, the Act on Granting International
Protection to Aliens, internal rules and rules of procedure of the detention centre, the safety of the alien and other persons and the security of the detention centre.
(2) An alien is allowed to move outside the detention centre under escort with the permission of the head of the detention centre or an official appointed by him or her.
[RT I, 28.03.2015, 2 - entry into force 02.04.2015]
(1) A decision shall be drawn up on application of security measures setting out:
1) the given name and surname of an alien;
2) the date of birth;
3) a security measure applied;
4) the legal and factual basis for the application of a security measure;
5) the time of commencement of the application of a security measure;
6) the alien’s explanation at his or her request.
(2) In the cases of urgency, the decision on the application of a security measure shall be prepared immediately after the application of the security measure.
(3) The application of a security measure shall be decided by the head of the detention centre and, in the cases of urgency, by an official appointed by him or her.
(4) The time of termination of application of a security measure shall be entered into the decision on application of the security measure.
(5) An official of the detention centre shall notify an alien immediately of the application of a security measure in a language which the alien understands.
(6) Upon application of special equipment provided for in clauses 781 1), 3) and 4) of the Law Enforcement Act or placement of an alien into a separated locked room the regular observation and medical examination of the alien at the earliest opportunity shall be ensured. The circumstances of the observation shall be fixed in writing.
An alien may stay temporarily outside the detention centre with the written permission of the head of the detention centre or an official appointed by him or her, which sets out:
[RT I, 28.03.2015, 2 - entry into force 02.04.2015]
1) the given name and surname of an alien;
2) the date of birth;
3) the time of departure from the detention centre and arrival in the detention centre;
4) the reason for staying outside the detention centre;
5) the name of the escorting official;
6) the legal and factual basis for the application of a security measure;
7) the time and location of the application of a security measure;
8) the given name and surname of a person who was present upon the application of a security measure;
9) the requests submitted upon the application of a security measure;
10) the signature of the head of detention centre or an official appointed by him or her. [RT I, 28.03.2015, 2- entry into force 02.04.2015]
(1) Physical and mental health of an alien is monitored continuously in the detention centre and it is examined as necessary.
(2) The reception of the health care provider takes place at least twice a week in the treatment facility of the detention centre. In the course of the reception the state of health of an alien is examined, including physical and mental health, and simple medical procedures are carried out. An alien is required to notify an official of the detention centre first of his or her desire to get an appointment for the reception with the healthcare provider.
(3) The necessity for the provision of health service and treatment in the detention centre is decided by the health care provider of the detention centre.
(4) An alien shall administer the medicines prescribed by the healthcare provider
immediately in the presence of the healthcare provider or an official of the detention centre. If an alien refuses to administer the medicine, the official of the detention centre shall notify thereof the healthcare provider, who shall decide on the necessity to continue treatment.
(5) If an alien needs treatment which is impossible to be provided in the detention centre, the alien is permitted to stay in a hospital or any other medical institution on the basis of the referral of the health care provider for treatment.
(6) An alien suffering from a communicable disease or suspected of being infected shall be isolated from other aliens on the basis of the decision of the health care provider and he or she shall be provided the required health services pursuant to the procedure provided for in the Communicable Diseases Prevention and Control Act.
(7) The healthcare provider shall document the provision of health service to an alien pursuant to the procedure provided for in the Health Services Organisation Act.
(1) If an alien is accused of a disciplinary violation, the minutes of the disciplinary proceedings shall be prepared in a format which is presented in the appendix to this Regulation.
(2) The following data shall be set out in the minutes:
1) the given name and surname of a disciplinary offender and the personal identification code or, in the absence thereof, the date of birth;
2) the time and place of disciplinary violation;
3) the detailed description of the circumstances of disciplinary violation;
4) the reference to the provisions of legislation which an alien violated;
5) the explanation taken from an alien, including the circumstance whether the person admitted his or her guilt;
6) explanations taken from witnesses, including the description of circumstances which prove the disciplinary violation;
7) a reference to other evidence and the location thereof;
8) a list of circumstances which shall clarify on the basis of which facts and evidence the person conducting the proceedings found the guilt proven;
9) a reasoned proposal for disciplinary penalty;
10) the time of preparing the minutes;
11) the name and official title of the official who prepared the minutes;
12) the signature of an alien to confirm that he or she has examined the minutes;
13) the name and official title of the official who presented the minutes to an alien.
(3) The minutes shall be signed by the official who prepared it. [RT I, 28.03.2015, 2 - entry into force 02.04.2015]
The following shall be annexed to the minutes:
1) explanations of the witnesses;
2) the report of the official who discovered the disciplinary violation;
3) the explanation and written notes of an alien concerning the minutes. [RT I, 28.03.2015, 2 - entry into force 02.04.2015]
(1) Times of visits are provided for in the rules of procedure of the detention centre. [RT I, 28.03.2015, 2 - entry into force 02.04.2015]
(2) In the justified cases and in the cases of urgency the head of the detention centre may give permission by a written decision for a visit on the days and times not provided for in subsection (1).
(3) A visit takes place under the supervision of an official of the detention centre.
(4) During a visit an alien and a visitor may be separated by a partition from glass or wire gauze.
(5) An alien is allowed a visit with up to two persons at a time. If a visitor is an adult, he or she is allowed to bring along minor children whose number shall be approved by the head of detention centre or an official appointed by him or her.
(6) If a visitor wishes to hand over items to an alien during the visit, the provisions of § 32 of this Regulation shall be applied.
(1) A visit shall take place on the basis of a written request of an alien or a visitor.
(2) An alien or a visitor shall be notified of the acceptance of a request or refusal to accept a request within three working days as of the submission of the request.
(3) In exceptional cases the request may be submitted in the detention centre immediately before the visit. In such case the provisions of subsection (2) shall not be applied.
(4) Upon being allowed a visit the visitor shall be notified of the time of the visit and the time schedule for the visit is prepared.
(1) If a visitor requests a visit, the request shall set out:
1) the given name and surname of the visitor;
2) the personal identification code or date of birth of the visitor;
3) the place of employment, official title and contact data of the visitor;
4) a notation with regard to whether a minor child is taken along to the visit;
5) the given name and surname of the alien with whom a visit is requested;
6) the personal identification code or date of birth of the alien with whom a visit is requested;
7) the reason for a visit and the relationship with the person to be visited;
8) the desirable visiting time;
9) items to be handed over during the visit;
10) the signature of the visitor and date of submitting the request.
(2) If the visit is requested by an alien, the request shall set out:
1) the given name and surname of the alien;
2) the personal identification code or date of birth of the alien;
3) a note concerning whether a minor child shall be taken along to the visit;
4) the given name and surname of the visitor;
5) the personal identification code or date of birth of the visitor;
6) the place of employment, official title and contact data of the visitor;
7) the reason for the visit and relationship with the person to be visited;
8) the desirable visiting time;
9) items to be handed over during the visit;
10) the signature of the alien and date of submitting the request.
(3) If an alien is requesting a visit with another alien placed in the detention centre, the data specified in clause (2) 6) of this section shall not be noted.
(1) A visit shall be registered.
(2) Before being permitted to a visit the identity of the visitor shall be verified on the basis of the identity document and the procedure of the visit shall be introduced thereto.
(3) An alien and the visitor are prohibited to hand over items concerning which there is no approval of the head of the detention centre or the possession of which is prohibited in the detention centre.
(4) Upon violation of the procedure of the visit the visit shall be suspended.
(5) Upon suspension of the visit the official who detected the violence shall immediately notify thereof the head of detention centre or an official appointed by him or her, who shall decide on the continuation or termination of the visit.
(1) An alien shall give his or her letter in an open envelope directly to an official of the detention centre, who shall examine the contents of the letter. Then the alien shall seal the envelope in the presence of the official of the detention centre.
(2) The provisions of subsection (1) of this section shall not be applied upon sending a letter to a government authority, representative, minister of religion and the consular officers of the country of nationality.
(3) At the back of a closed envelope, the alien shall write his or her name and the date of handing the letter over to an official of the detention centre.
A letter shall be sent out within three working days as of the handing over the letter to an official of the detention centre by an alien.
(1) A letter or other document addressed to an alien shall be handed over to the alien against the signature without undue delay.
(2) A letter sent to an alien shall be opened in the presence of the alien before handing it over to the alien and the items prohibited in the detention centre shall be taken out of the letter.
(3) The provisions of subsection (2) of this section shall not be applied upon receipt of a letter from a government authority, representative, minister of religion and consular officers of the country of nationality.
(1) During leisure time provided for in the time schedule an alien may use a telephone provided by the detention centre for that purpose for his or her own monetary resources.
(2) An alien is allowed to possess a telephone card for using the telephone.
(3) Permission to use the fax shall be given by the head of detention centre or an official appointed by him or her.
(4) An alien whose movement about in the dwellings of the detention centre is restricted may use the telephone on the basis of the written request.
An alien is prohibited to possess the following items in the detention centre:
1) items which can cause of are capable of causing injuries, such as weapons and ammunition, special equipment, military weapons, thrusting, thrusting-cutting and thrusting- slashing weapons, needles, bars, rods, cords, yarns, keys, ropes and wires;
2) explosives, including substances as a result of the processing of which explosives, radioactive, oxidizing, corrosive, easily flammable or other toxic substances or gases may be obtained;
3) fire-setting devices;
4) loose tobacco and items of which and by means of which it is possible to put together tobacco products or use them for smoking;
5) narcotic, psychotropic and other substances which are narcotic or strong;
6) prescription drugs, except the drugs prescribed by a doctor;
7) optical tools, except for glasses or optical tools on the permission of the doctor;
8) alcohol and alcohol-containing substances;
9) tools and construction materials;
10 ) sports equipment, except with the permission of the head of the detention centre;
11 ) mobile phones and other electronic or technical means of communication, including radio transmitters, handheld and personal computers, through which it is possible to transmit and receive information;
11) photo cameras, video cameras and other equipment enabling recording;
12) candles;
13) fish, animals and birds;
14) plants;
15) publications that advocate violence, hatred, racism and other such matters and pornographic works;
16) cash, securities, bank cards;
17) gambling equipment and objects adapted to gambling equipment;
18) valuables, except for the wedding ring or religious insignia;
19) foodstuff, except for the foodstuff bought through the detention centre;
20) textile articles for furnishing the room, including carpets, curtains, except for the religious purpose;
21) electrical equipment which is self-made or technically not in good conditions.
(1) The weight of items kept in the alien’s room and in the storage facility may not exceed 30
kilograms in total.
(2) An item permitted in the detention centre shall be seized immediately from an alien by an official of the detention centre and deposited in the storage facility with the items of the alien
if it disturbs other persons staying in the detention centre, endangers the life or health of the alien or other persons or the security of the detention centre or jeopardizes substantially the compliance with the requirements of hygiene.
(1) The items the possession of which is prohibited for an alien in the detention centre shall be taken into custody.
(2) The money of an alien shall be transferred to the internal personal account of the detention centre and his or her valuables shall be put into the sealed envelope in the safety deposit box.
(3) The items that are prohibited for an alien in the detention centre, which are impossible to deposit, shall be destroyed.
(4) Flammable and explosive substances, substances and items which pose a threat to life and health or are perishable are not subject to depositing. The foodstuffs which an alien has along shall be destroyed.
(5) A report on the documents taken to storage from an alien and items deposited or subject to destruction shall be prepared in two copies one of which shall be given to an alien against the signature.
A found object or cash, whose owner cannot be identified, shall be handed over to an official in charge of found items in the Police and Border Guard Board, who shall organise the keeping thereof, entering into the income of the state budget, return, disposal or destruction pursuant to the procedure provided for by the Director General of the Police and Border
Guard Board.
(1) In order to ensure the compliance with the requirements of hygiene an item of an alien may be destroyed on the proposal of a person providing healthcare service.
(2) If the total weight of the items belonging to an alien exceeds 30 kilograms, the head of detention centre or an official appointed by him or her shall make a proposal to the alien to send the items with the quantity in excess of the weight limit to the persons close to him or her or other persons outside the detention centre. If the alien refuses thereof, the items in excess of the quantity limit shall be destroyed, taking account of the wish of the alien, where possible.
(3) The destruction of an item shall be decided in writing by the head of detention centre or an official appointed by him or her.
(4) A report shall be prepared concerning the destruction of an item, setting out the following data:
1) the manner of the destruction of an object;
2) the date and time of the destruction of an object;
3) the name, official title and signature of the official who destroyed the object
(1) All the item deposited shall be returned to an alien upon the release from the detention centre.
(2) Upon release from the detention centre an alien shall give a signature to the report prepared upon taking the items into custody against the receipt of the items deposited.
(3) Upon the death of an alien a person specified in subsection 34 (1) of this Regulation shall be notified of the items taken into custody and of the conditions and terms of the receipt thereof.
(4) If an alien has not designated a person specified in subsection 34 (1) of this Regulation or the specified person has failed to get the items deposited within the specified deadline, the items shall be destroyed.
(5) A person specified in subsection 34 (1) of this Regulation shall give a signature to the report on taking the things into custody for the receipt of items.
(6) The items that an alien leaves in the detention centre after leaving from the detention centre and which he fails to pick up within one month from leaving the detention centre shall be destroyed.
(7) The items that have been given to an alien by the detention centre shall be returned by the alien to the detention centre before leaving therefrom.
(1) An alien may do shopping only through the mediation of the detention centre. An alien shall pay for the purchases on account of their own personal funds through the personal account.
(2) An alien may buy in reasonable quantity items the possession of which is not prohibited in the detention centre.
(3) Shopping is allowed for at least twice a month.
(4) An alien shall make a written request for making purchases, indicating a desired item on the list of purchases.
(5) The request shall be examined by the head of the detention centre or an official appointed by him or her.
(1) An official of the detention centre shall examine the contents of the package and fill in the record of acceptance which shall be signed by the deliverer of the package.
(2) The items the possession of which is prohibited for an alien in the detention centre shall not be accepted and they are returned to the deliverer of the package immediately. Items prohibited for civilian purposes shall be processed pursuant to the procedure provided for by law.
(3) Upon delivery of the package an alien shall give a signature for the receipt thereof. (4) The documents transferred to an alien by a consular officer and representative of the
country of nationality shall not be considered as a package.
(5) The specific procedure for the receipt of packages shall be laid down in the rules of procedure of the detention centre.
(1) In the detention centre the money deposited in the personal account is used by way of non-cash settlement.
(2) Records are kept on the settlement card concerning the movement of money in the personal account of an alien.
(3) The costs related to making purchases, postage fees and expenses related to expulsion shall be covered on account of the money in the personal account of an alien.
(1) Upon reception in the detention centre an alien may designate a person who shall be notified of in the case of his or her illness or death.
(2) In the case of the illness of an alien the head of the detention centre shall notify the person specified in subsection (1) of this section at the request of the alien.
(3) In the case of the death of an alien the head of the detention centre shall notify immediately the person specified in subsection (1) of this section.
(1) An alien may submit a complaint to the head of the detention centre against an act of an official of the Police and Border Guard Board who performs the functions arising from the Obligation to Leave and Prohibition on Entry Act in the detention centre within 30 days as of the performance of the act.
(2) An alien may submit a complaint to the Director General of the Police and Border Guard Board against the decision or act of the head of the detention centre within 30 days as of day of the making of the decision or performance of the act.
(3) The provisions of subsections (1) and (2) of this section shall not restrict the right of an alien to file a complaint with an administrative court against the decision or administrative act issued by an official of the Police and Border Guard Board or the head pursuant to the procedure provided for in the Code of Administrative Court Procedure.
[Omitted from this text.]
This Regulation enters into force on 1 December 2014.
Annex Minutes of disciplinary proceedings
[RT I, 28.03.2015, 2 - entry into force 02.04.2015]
