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full version - World Organisation Against Torture

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Estoniaof the Covenant that have taken place in the State party since the submissionof the initial report.5. The Committee welcomes the measures taken by the State party tocreate the office of the Legal Chancellor and the addition ofOmbudsman functions to its responsibilities.6. The Committee welcomes the measures and legislation adopted bythe State party to improve the status of women in Estonian societyand to prevent gender discrimination. It particularly notes article 5 ofthe "Wages Act", which now prohibits the establishment of differentwage conditions on the basis of gender, and articles 120 to 122 andarticle 141 of the new Penal Code, which make domestic violence andmarital rape specific criminal offences.7. The Committee welcomes the delegation's affirmation that the problemof prison overcrowding is being resolved, through the decreasingnumber of persons detained owing, inter alia, to increasing resort toalternative forms of punishment, and the opening of a new spaciousprison in Tartu.C. Principal subjects of concern and recommendations8. The Committee is concerned that the relatively broad definition of thecrime of terrorism and of membership of a terrorist group under theState party's Criminal Code may have adverse consequences for theprotection of rights under article 15 of the Covenant, a provisionwhich significantly is non-derogable under article 4, paragraph 2.The State party is requested to ensure that counter-terrorism measures,whether taken in connection with Security Council resolution1373 (2001) or otherwise, are in <strong>full</strong> conformity with the Covenant.9. While welcoming the additional explanations of the delegation on acase of alleged ill-treatment committed by police officers, theCommittee remains concerned that acts of ill-treatment or other formsof violence perpetrated or condoned by law enforcement officials arenot prosecuted on the basis of the most appropriate criminal chargesbut only as minor offences.263

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