How do you complain about conditions in the place of detention?
Complaint to the administration of the detention centre
If you are not satisfied with a particular situation at the detention centre, you can try to solve the issue by communicating it to the staff of the detention centre. If they are not able to help, you should submit a complaint to the head of the detention centre. You can also claim compensation if you believe that you have suffered any material or moral damages because of inappropriate conditions.
Upon reception into detention centre you shall be given written information concerning the internal rules of the detention centre and the submission of complaints.
You 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. In case you want to make a complaint against the decision or act of the head of the detention centre you can submit a complaint to the Director General of the Police and Border Guard Board within 30 days as of day of the making of the decision or performance of the act.
You also have the right to file a complaint to an administrative court against the decision or administrative act issued by an official of the Police and Border Guard Board or the head of the detention centre pursuant to the procedure provided for in the Code of Administrative Court Procedure.
What to write
When filing a complaint to the head of the detention centre, you should explain all the relevant facts, the type of violation, how it occurred and add any evidence that you have. The institution may ask you for additional explanations or documentation, where necessary.
Procedure
The procedure for the examination of your claim and the limits to compensation are explained in the State Liability Act and in Internal rules of detention centre. Your claim for compensation will only be considered if a violation is found.
A response to a memorandum or request for explanation shall be provided without undue delay but not later than within 30 calendar days after the date of registration thereof. Under special circumstances, the term may be extended to up to two months depending on the complexity of the response. The person shall be informed of extension of the term for response, and of the reasons for extension.
Appeal
If you are not satisfied with the decision, you can appeal it to a higher institution – to Administrative Court. The decision has to indicate the deadline and the institution for the appeal.
Complaint to the Health Board
If you were seen by a doctor during your detention period and you were not satisfied with the quality of the treatment received, you should submit a complaint to the Health Board (supervision department).
The Health Board will consider your application free of charge, make a decision about the next appropriate steps and ask you for further documentation, if necessary. The Board must respond to you within one month.
You may submit a complaint also to The Estonian Patient Advocacy Association.