ESTONIA Republic of Estonia Eesti Vabariik Joined United Nations: 17 September 1991 Human Rights as assured by their constitution Click here Updated 01/11/11
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Tallinn
1,291,170 (July 2010 est.)
Andrus Ansip
Prime Minister since 12 April 2005
President elected by Parliament for a five-year term (eligible for a
second term); if a candidate does not secure two-thirds of the votes
after three rounds of balloting in the Parliament, then an electoral
assembly (made up of Parliament plus members of local
governments) elects the president, choosing between the two
candidates with the largest percentage of votes; election last held 23
September 2006
Next scheduled election: Fall of 2011
HEAD OF GOVERNMENT
SELECTION PROCESS
Prime minister nominated by the president and approved by
Parliament
DECLARATION OF HUMAN RIGHTS
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Estonian 68.7%, Russian 25.6%, Ukrainian 2.1%, Belarusian 1.2%, Finn 0.8%, other 1.6% (2008 census)
Evangelical Lutheran 13.6%, Orthodox 12.8%, other Christian (including Methodist, Seventh-Day Adventist, Roman Catholic, Pentecostal)
1.4%, unaffiliated 34.1%, other and unspecified 32%, none 6.1% (2000 census)
Parliamentary republic with 15 counties (maakonnad, singular - maakond); Legal system is based on civil law system; accepts
compulsory ICJ jurisdiction with reservations
Executive: President elected by Parliament for a five-year term (eligible for a second term); if a candidate does not secure two-thirds of the
votes after three rounds of balloting in the Parliament, then an electoral assembly (made up of Parliament plus members of local
governments) elects the president, choosing between the two candidates with the largest percentage of votes; election last held 23
September 2006 (next to be held in the fall of 2011); Prime Minister nominated by the president and approved by Parliament
Legislative: Unicameral Parliament or Riigikogu (101 seats; members are elected by popular vote to serve four-year terms)
elections: last held 4 March 2007 (next to be held in March 2011)
Judicial: National Court (chairman appointed by Parliament for life)
Estonian (official) 67.3%, Russian 29.7%, other 2.3%, unknown 0.7% (2000 census)
The region has been populated since the end of the last glacial era, about 10.000 B.C. The earliest traces of human settlement in
Estonia are connected with Kunda culture. The Early Mesolithic Pulli settlement is located by the Pärnu River. It has been dated to
the beginning of the 9th millennium B.C. The beginning of the Neolithic period is marked by the ceramics of the Narva culture,
appear in Estonia at the beginning of the 5th millennium. The oldest finds date from around 4900 B.C. The beginning of the Bronze
Age in Estonia is dated to approximately 1800 B.C. The development of the borders between the Finnic peoples and the Balts was
under way. The first fortified settlements, Asva and Ridala on the island of Saaremaa and Iru in the Northern Estonia began to be
built. The Pre-Roman Iron Age began in Estonia about 500 B.C. and lasted until the middle of the 1st century A.D. The Roman
Iron Age in Estonia is roughly dated to between 50 and 450 A.D., the era that was affected by the influence of the Roman Empire.
The name of Estonia occurs first in a form of Aestii in the 1st century AD by Tacitus, however, it might have indicated Baltic tribes
living in the area. In Northern Sagas (9th century) the term started to be used to indicate the Estonians. The Chudes as mentioned
by a monk Nestor in the earliest Russian chronicles, were the Ests or Esthonians. According to Nestor in 1030 Yaroslav I the Wise
invaded the country of the Chuds and laid the foundations of Yuriev, (the historical Russian name of Tartu, Estonia). According to
Old East Slavic chronicles the Chudes where one of the founders of the Rus' state. In the 11th century the Scandinavians are
frequently chronicled as combating the Vikings from the eastern shores of the Baltic Sea. Estonia remained one of the last corners of
medieval Europe to be Christianized. In 1193 Pope Celestine III called for a crusade against pagans in Northern Europe. Northern
Crusades from Northern Germany established the stronghold of Riga (in modern Latvia). With the help of the newly converted local
tribes of Livs and Letts, the crusaders initiated raids into part of what is present-day Estonia in 1208. Estonian tribes fiercely
resisted the attacks from Riga and occasionally themselves sacked territories controlled by the crusaders. Northern Estonia was
conquered by Danish crusaders led by king Waldemar II, who arrived in 1219 on the site of in an Estonian town of Lindanisse. The
first written mention of the Estonian Swedes comes from 1294, in the laws of the town of Haapsalu. Estonia in Livonian
Confederation from 1228 to the 1560s. In 1227 the Sword Brethren conquered the last indigenous stronghold in the Estonian island
of Saaremaa. After the conquest, all remaining local pagans of Estonia were ostensibly Christianized. Despite local rebellions and
Muscovian invasions in 1481 and 1558, the local Low German-speaking upper class continued to rule Estonia and from 1524
preserved Estonian commitment to the Protestant Reformation. During the Livonian War in 1561, northern Estonia submitted to
Swedish control, while southern Estonia briefly came under the control of Polish-Lithuanian Commonwealth in the 1580s. In 1625,
mainland Estonia came entirely under Swedish rule. Estonia was administratively divided between the provinces of Estonia in the
north and Livonia in southern Estonia and northern Latvia, a division which persisted until the early twentieth century. Estonia placed
itself under Swedish rule in 1561 to receive protection against Russia and Poland as the Livonian Order lost their foothold in the
Baltic provinces. Territorially it represented the northern part of present day Estonia. Livonia was conquered from the
Polish-Lithuanian Commonwealth by 1629 in the Polish-Swedish War. Sweden's defeat by Russia in the Great Northern War in
1721 resulted in the Treaty of Nystad, and Russian rule was then imposed on what later became modern Estonia. Nonetheless, the
legal system, Lutheran church, local and town governments, and education remained mostly German until the late 19th century and
partially until 1918. By 1819, the Baltic provinces were the first in the Russian empire in which serfdom was abolished, the largely
autonomous nobility allowing the peasants to own their own land or move to the cities. Estonia as a unified political entity first
emerged after the Russian February Revolution of 1917. With the collapse of the Russian Empire in World War I, Russia's
Provisional Government granted national autonomy to an unified Estonia in April. Elections for a provisional parliament, Maapäev
was organized, with the Menshevik and Bolshevik fractions of the Russian Social Democratic Labour Party obtaining a part of the
vote. On November 5, 1917, two days before the October Revolution in Saint Petersburg, Estonian Bolshevik leader Jaan Anvelt
violently usurped power from the legally constituted Maapäev in a coup d'etat, forcing the Maapäev underground. In February, after
the collapse of the peace talks between Soviet Russia and the German Empire, mainland Estonia was occupied by the Germans. A
military invasion by Red Army followed a few days later, however, marking the beginning of the Estonian War of Independence
(1918-1920). The first Constitution of Estonia was adopted on June 15, 1920. The Republic of Estonia obtained international
recognition and became a member of the League of Nations in 1921. The first period of independence lasted 22 years, beginning in
1918. Estonia underwent a number of economic, social, and political reforms necessary to come to terms with its new status as a
sovereign state. Economically and socially, land reform in 1919 was the most important step. Large estate holdings belonging to the
Baltic nobility were redistributed among the peasants and especially among volunteers in the Estonian War of Independence. The
first constitution of the Republic of Estonia, adopted in 1920, established a parliamentary form of government. The parliament
(Riigikogu) consisted of 100 members elected for 3-year terms. Estonia had pursued a policy of neutrality, but it was of no
consequence after the Soviet Union and Nazi Germany signed the Molotov-Ribbentrop Pact on August 23, 1939 in which the two
great powers agreed to divide up the countries situated between them (Poland, Lithuania, Latvia, Estonia, and Finland) with Estonia
falling in the Soviet "sphere of influence". After Nazi Germany invaded the Soviet Union on June 22, 1941, and the Wehrmacht
reached Estonia in July 1941, most Estonians greeted the Germans with relatively open arms and hoped to restore independence.
But it soon became clear that sovereignty was out of the question. As the Germans retreated in September 1944, Jüri Uluots, the
last Prime Minister of the Estonian Republic prior to Soviet occupation, assumed the responsibilities of president (as dictated in the
Constitution) and appointed a new government while seeking recognition from the Allies. An anti-Soviet guerrilla movement known
as the "Metsavennad" ("Forest Brothers") developed in the countryside, reaching its zenith in 1946-48. After Stalin's death, Party
membership vastly expanded its social base to include more ethnic Estonians. A grassroots Estonian Citizens' Committees
Movement launched in 1989 with the objective of registering all pre-war citizens of the Republic of Estonia and their descendants in
order to convene a Congress of Estonia. Through a strict, non-confrontational policy in pursuing independence, Estonia managed to
avoid the violence which Latvia and Lithuania incurred in the bloody January 1991 crackdowns and in the border customs-post
guard murders that summer. During the August coup in the U.S.S.R., Estonia was able to maintain constant operation and control of
its telecommunications facilities, thereby offering the West a clear view into the latest coup developments and serving as a conduit
for swift Western support and recognition of Estonia's "confirmation" of independence on August 20, 1991. After more than 3 years
of negotiations, on August 31, 1994, the armed forces of Russia withdrew from Estonia. Since the last Russian troops left in 1994,
Estonia has been free to promote economic and political ties with Western Europe. Estonia opened accession negotiations with the
European Union in 1998 and joined in 2004, shortly after becoming a member of NATO.
Source: Wikipedia: History of Estonia
Estonia, a 2004 European Union entrant, has a modern market-based economy and one of the higher per capita income levels in
Central Europe and the Baltic region. Estonia's successive governments have pursued a free market, pro-business economic agenda
and have wavered little in their commitment to pro-market reforms. The current government has pursued relatively sound fiscal
policies that have resulted in balanced budgets - at least up until 2009 - and low public debt. Tallinn's priority has been to sustain
high growth rates - on average 8% per year from 2003 to 2007. The economy benefits from strong electronics and
telecommunications sectors and strong trade ties with Finland, Sweden, and Germany. The government is on track to adopt the
euro in 2011. Estonia's economy slowed down markedly and fell sharply into recession in mid-2008, primarily as a result of an
investment and consumption slump following the bursting of the real estate market bubble. GDP dropped nearly 15% in 2009,
among the world's highest rates of contraction.
Source: CIA World Factbook (select Estonia)
The general consensus in the Estonian media seems to be that the new cabinet, on the level of competence, is not necessarily an
improvement over the old one. The new government is colloquially called the "Garlic Coalition", because the agreement between the
party leaders was reached at the Tallinn restaurant "Balthasar", which specialises in garlic dishes.
On 18 May 2005, Estonia signed a border treaty with the Russian Federation in Moscow. The treaty was ratified by the Riigikogu
on 20 June 2005. However, in the end of June the Russian Ministry of Foreign Affairs informed that it did not intend to become a
party to the border treaty and did not consider itself bound by the circumstances concerning the object and the purposes of the
treaty due to the fact that Riigikogu had attached a preambula to the ratification act that referenced earlier documents that mentioned
the Soviet occupation and the uninterrupted legal continuity of the Republic of Estonia during the Soviet period. The issue remains
unsolved and is in focus of European level discussions.
Internet voting has already been used in local elections in Estonia, and the lawmakers in Estonia have authorized internet voting for
parliamentary elections as well. (see COM).
On 4 April 2006, Fatherland Union and Res Publica decided to form a united right-conservative party. The two parties joining was
approved on 4 June by both parties in Pärnu. The joined party name is Isamaa ja Res Publica Liit (Union of Pro Patria and Res
Publica).
The activity of the government is directed by the Prime Minister, who is the de facto political head of state. He does not head any
specific ministry, but is, in accordance with the constitution, the supervisor of the work of the government. The Prime Minister’s
significance and role in the government and his relations with other ministries often depend on the position of the party led by the
prime minister in vis-à-vis the coalition partners, and on how much influence the prime minister possesses within his own party. If the
prime minister has a strong position within his party, and the government is made up solely of representatives of that party, he can
enjoy considerable authority. In all crucial national questions, however, the final word rests with Riigikogu as the legislative power.
Source: Wikipedia: Politics of Estonia
Russia recalled its signature to the 1996 technical border agreement with Estonia in 2005, rather than concede to Estonia's
appending prepared a unilateral declaration referencing Soviet occupation and territorial losses; Russia demands better
accommodation of Russian-speaking population in Estonia; Estonian citizen groups continue to press for realignment of the
boundary based on the 1920 Tartu Peace Treaty that would bring the now divided ethnic Setu people and parts of the Narva region
within Estonia; as a member state that forms part of the EU's external border, Estonia must implement the strict Schengen border
rules with Russia.
REFUGEES AND INTERNALLY DISPLACED PERSONS (IDPS)
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None reported.
Growing producer of synthetic drugs; increasingly important transshipment zone for cannabis, cocaine, opiates, and synthetic
drugs since joining the European Union and the Schengen Accord; potential money laundering related to organized crime and
drug trafficking is a concern, as is possible use of the gambling sector to launder funds; major use of opiates and ecstasy.
HUMAN RIGHTS STATEMENTS, ANALYSIS AND CRITIQUES
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2009 Human Rights Report: Estonia
Bureau of Democracy, Human Rights, and Labor
2009 Country Reports on Human Rights Practices
March 11, 2010
With a population of 1.34 million, Estonia is a multiparty constitutional parliamentary democracy with a unicameral parliament, a prime
minister as head of government, and a president as head of state. Parliamentary elections held in 2007 were generally free and fair.
Civilian authorities generally maintained effective control of the security forces.
Problems were reported in some areas.
- There were allegations that police used excessive force during the arrest of suspects; authorities investigated and brought charges
against alleged offenders.
- Conditions in detention centers generally remained poor.
- Lengthy pretrial detention continued to be a problem.
- Domestic violence,
- inequality of women's salaries,
- child abuse,
- trafficking of women were also reported.
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27 August 2010
Committee on the Elimination of Racial Discrimination
Seventy-seventh session
2 –27 August 2010
Consideration of reports submitted by States parties under article 9 of the convention
Draft Concluding observations of the Committee on the Elimination of Racial Discrimination
Estonia
A. Introduction
2. The Committee welcomes the report of the State party, which is in conformity with the Committee’s reporting guidelines, as well
as the written comments on the list of themes and the oral replies of the delegation to the questions raised by the Committee. It also
welcomes the State party’s timeliness and regularity in submitting its periodic reports. It appreciates the opportunity thus provided to
engage in a continuing and constructive dialogue with the State party.
3. The Committee notes with appreciation the involvement of civil society organisations in the preparation of the report and
references made in the report to comments made by these organisations.
B. Positive aspects
4. The Committee welcomes the vision outlined by the State party for an Estonian society where ‘everyone will have the
opportunity for self-realisation, will feel secure and will participate in the economic, social, political and cultural life of the society,’ and
efforts undertaken to this end.
5. The Committee welcomes the establishment of several instruments of dialogue and consultation with minority groups, including
the Council of Ethnic Minorities under the Ministry of Culture and the Roundtable of Nationalities.
6. The Committee welcomes the adoption of the Equal Treatment Act and notes with interest the announcement made by the State
party on extending the prohibited grounds of discrimination under the Act to include language and citizenship.
C. Concerns and recommendations
10. While noting with interest the work of the Chancellor of Justice and the Equal Treatment Commissioner, the Committee regrets
that no national human rights institution fully compliant with the Paris Principles (General Assembly Resolution 48/134) exists in the
State party (art. 2 (1)).
The Committee reiterates the importance of establishing an independent national human rights institution compliant with the Paris
Principles and recommends that the State party continue, in consultation with the civil society, consideration of all possible options for
developing such institution including by transforming and empowering the Chancellor of Justice and the Equal Treatment Commission so
as to conform with the Paris Principles and take steps towards accreditation by the International Coordinating Committee of National
Institutions for the Promotion and Protection of Human Rights (ICC).
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Freedom In The World 2010 Report
Political Rights Score: 1
Civil Liberties Score: 1
Status: Free
Overview
Estonia’s economy continued to worsen in 2009, with unemployment reaching a post-independence high of 14.5 percent. Disputes over
how to cut government spending and lower the country’s budget deficit while maintaining social guarantees led to the disintegration of
the three-party ruling coalition.
In the March 2007 parliamentary elections, the Reform Party captured 31 seats, followed closely by the Center Party with 29 seats. The
Reform Party, the Union of Pro Patria and Res Publica (IRL), and the Social Democratic Party (SDP) formed a left-right coalition, and
Ansip stayed on as prime minister.
The new government faced a major crisis in April 2007, when plans to relocate a Soviet World War II memorial and exhume the remains
of Soviet soldiers buried at the site touched off protests, mostly by young ethnic Russians. The demonstrations erupted into two days of
violence, as police responded with tear gas and water cannons to widespread looting and vandalism. The monument, the Bronze Soldier,
was moved from its original place in the center of Tallinn to a nearby military cemetery. Meanwhile, protesters from the pro-Kremlin
youth group Nashi surrounded the Estonian embassy in Moscow for days, harassing the country’s diplomats, and large-scale cyber
attacks took down Estonian commercial and governmental websites. The initial attacks were reportedly traced to internet addresses
registered in Russia, including some in the presidential administration, although direct links to the Russian government could not be
proven. In January 2009, four alleged organizers of the riots, members of pro-Kremlin groups, were acquitted for their role in the crisis
due to lack of evidence. In June, the government revealed the Victory Monument of the War of Independence on Freedom Square in
Tallinn, only a short walk from the Bronze Soldier’s former location.
The economy took a turn for the worse in 2009—with unemployment reaching 14.5 percent in December—and disputes over budget
cuts broke up the ruling coalition. At the center of the conflict was how to manage the budget deficit in light of the Employment
Contracts Act (ECA) entering into law on July 1, which was meant to simultaneously increase social guarantees and labor market
flexibility. The Reform Party and the IRL advocated further cuts to unemployment benefits, while the SDP proposed raising the
unemployment insurance tax rate in lieu of benefit reductions. The SDP left the coalition on May 25, leaving the Reform Party and the
IRL to rule as a 50-seat minority government through the end of the year. October’s local election results, with the Center Party gaining
twice as many votes as the Reform Party, raised further concerns about the future of the ruling coalition.
Estonia is an electoral democracy. Elections have been free and fair, and the 2007 polls were the world’s first parliamentary elections to
employ internet voting; about 30,000 people voted online. The 1992 constitution established a 101-seat, unicameral Parliament, or
Riigikogu, whose members are elected for four-year terms. A prime minister serves as head of government, and a president with a five-
year term fills the largely ceremonial role of head of state. After the first president was chosen by popular vote in 1992, presidential
elections reverted to parliamentary ballot. The prime minister is chosen by the president and confirmed by Parliament.
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Suggested recommendations to States considered in the tenth round of the Universal Periodic Review, 24 January – 4
February 2011
1 November 2010
Recommendations to the government of Estonia
Ratification of international human rights standards
*To become party to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which was opened
for signature, ratification and accession in September 2009;
*To ratify the International Convention for the Protection of All Persons from Enforced Disappearance, making the declarations set
out in Articles 31 and 32, and to implement it in national law.
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Human Rights Watch Submission to the National Assembly Law Commission
November 29, 2010
We welcome this opportunity to submit for your consideration our recommendations as you undertake your examination of the bill to
reform police custody. Our recommendations are grounded in international human rights law and informed by our in-depth research on
France's criminal justice approach to countering terrorism, published in our July 2008 report Preempting Justice: Counterterrorism laws
and procedures in France (Annex I). We submitted a briefing paper to the Léger Commission in April 2009 outlining the key reforms we
consider necessary to bring French counterterrorism laws and practices in line with international human rights standards, including
reforms to police custody (Annex II).
Human Rights Watch welcomes the intention to reform police custody to ensure effective exercise of the right to defense at a crucial
stage in criminal proceedings. We note with satisfaction the reintroduction of the obligation to notify suspects of their right to silence.
We are nonetheless concerned that the bill submitted by the government lacks the far-reaching reforms necessary to bring French
criminal procedure in line with international human rights obligations. We are particularly concerned that no reform is contemplated of
the special police custody regimes for terrorism, organized crime and drug-trafficking cases. Moreover, the reforms envisioned for
police custody in all other criminal cases do not go far enough to ensure that all suspects are guaranteed the right to effective assistance
by legal counsel and notification of their rights.
* Guarantee the right to effective assistance by legal counsel during interrogation
The bill under examination provides for the presence of a lawyer during police questioning in ordinary criminal cases.[9] It nonetheless
gives the prosecutor's office the authority, upon request by the judicial police officer, to deny the presence of a lawyer for up to twelve
hours "when this measure appears necessary, considering the particular circumstances of the investigation, either to allow for the proper
conduct of urgent investigations, to collect or preserve evidence, or to prevent imminent harm to persons." In our view, suspects
should have the right to be questioned only in the presence of a lawyer regardless of the nature of the alleged crime or the "particular
circumstances" of ongoing investigations.
The bill establishes the general right of the lawyer to see the transcripts of interrogations.[10] However, in cases where the presence of
the lawyer during questioning is delayed by up to twelve hours, the right to see the transcripts of interrogations conducted during this
period is denied.[11] These exceptions essentially preserve the status quo: suspects may be questioned without a lawyer, and the lawyer
cannot know the details of statements made by his or her client under questioning.
While international human rights law does not explicitly require the presence of a lawyer during police questioning, there is increasing
recognition that this right is a critical element in ensuring a fair and just investigative stage in criminal proceedings. This consensus is
reflected in the recently adopted codes of criminal procedures in Council of Europe countries such as Estonia, Latvia and Lithuania.
Questioning in the presence of a lawyer is also standard practice in many countries of the European Union, including Germany, Spain,
Ireland, Italy, Poland and the United Kingdom, and constitutes European best practice.
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President of the Republic of Estonia at the General Assembly of the United Nations in New York
24.09.2010
Estonia remains actively engaged in areas where our contribution can make a difference, particularly in humanitarian affairs and human
rights issues.
In this context I would like to note the 10th anniversary of the Security Council resolution 1325 on “Women, Peace and Security”,
which must be a stepping stone towards further action at the UN, regional and national levels. Establishing operational guidelines for the
protection of women and girls, strengthening accountability mechanisms as well as enhancing women’s participation in peace
negotiations and post-conflict peace-building should be part of these efforts. To this end, Estonia is finalising a national action plan to
enhance our activities.
Estonia is a strong and principled advocate human rights and fundamental freedoms, including the freedom of expression. Estonia
supports the strengthening of the UN Human Rights Council (HRC) and its capacity to promote and protect human rights around the
world. We aspire to join the HRC in 2012.
Estonia has also continuously increased its contribution to United Nations’ humanitarian activities both through work in the field as well
as financially. The UN’s coordination capability was crucial most recently in Pakistan and in the beginning of the year, saving lives in
Haiti, where Estonian logistics experts have been supporting the UN activities for more than six months now. Our experience has made
clear the need for more combined efforts in securing the link between relief efforts and development work.
Estonia is concerned about increasingly frequent violations of humanitarian principles in conflict zones. Alas, humanitarian emblems and
flags no longer provide the shield of protection they used to. We must step up our efforts and press for increased security for
humanitarian aid workers. After all, it is the responsibility of governments to ensure the safety and security of humanitarian personnel
working on their territory.
The effectiveness of humanitarian aid, as well as upholding good humanitarian principles, is another concern of ours. Advocating these
principles was one of the activities Estonia pursued during our recent co-chairmanship of the UN’s Good Humanitarian Donorship Group.
Finally I would like to underline one simple truth - the United Nations, like any other organisation, is only as strong and effective as the
political will and commitment of its members. Big or small, we all bear responsibility. As a member of the European Union, Estonia
firmly believes that the Lisbon Treaty fundamentally enhances the ability of the Union to be a significant global actor, securing peace,
stability and prosperity for all. With our shared commitment I expect the vital and prominent role of the United Nations in the global
arena to be further reinforced.
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Indrek Tederi kõne rahvusvahelisel konverentsil Tbilisis 23.-24.09.2010
Kõne rahvusvahelisel konverentsil “The Role of National Human Rights Institutions in Developing of National Jurisprudence
on Human Rights” 23.-24.09.2010 Tbilisis
Ladies and gentlemen
In 2009, the Chancellor of Justice received 2729 petitions, on the basis which 2033 cases were opened. As compared to 2008, the
number of petitions rose by 6.3%. As at 1 February 2010, 1882 proceedings had been completed, in 47 cases follow-up proceedings
were pending and 104 cases were still being investigated. In 449 cases, substantive proceedings were conducted, and in 1584 cases no
proceedings were initiated for various reasons. 82 cases were opened based on the Chancellor’s own initiative, and 49 inspection visits
were conducted.
To review the constitutionality and legality of legislation of general application, 124 cases were opened, i.e. 6.1% of the total number of
cases and 27.6% of the total number of substantive proceedings of cases. Of these, 117 were opened on the basis of petitions and 7 on
own initiative.
231 proceedings were initiated for verification of legality of measures of the state, local authorities, other public-law legal persons or of a
private person, body or institution performing a public function, i.e. 11.4% of the cases opened and 51.4% of the total number of
substantive proceedings. Of these, 156 were based on petitions by individuals and 75 on own initiative.
I will not expound at length on the fact that the institution of the Chancellor of Justice of Estonia is unique by its nature and comprises
many functions. (Somebody has asked me whether there are any tasks that I as the Chancellor of Justice do not fulfil.) Without
describing all of those tasks, I would like to point out the two main ones: performing the functions of constitutional review, that is, the
abstract control over the legislation of general application (Acts, regulations, etc.), and of the classic ombudsman.
Constitutional review derives from the Constitution of Estonia. The role of the ombudsman does not explicitly arise from the
Constitution, but is provided at the level of law. It is my subjective opinion that the two major functions of the Chancellor of Justice
(constitutional review and the duties of the ombudsman) can be perfectly combined with each other.
Unlike the proceedings of ombudsman that end up with "soft" outcome, constitutional review procedure has "hard" ending. Constitutional
review provides the Chancellor of Justice with an output to the Supreme Court judicial panel of constitutional review, in case the
institution that approved the legislation of general application does not accept the advice of the Chancellor of Justice to harmonise the
legislation with the Constitution. So as not to be vague, I would like to describe a specific case where the Chancellor of Justice
performed constitutional review.
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18 October 2010
Statement to the press by Legal Information Centre for Human Rights
Regarding the complaints of victims of the violent acts by police filed with the European Court of Human Rights
Out of tune with the facts are the recently disseminated allegations by the Estonian mass media to the effect that the European Court of
Human Rights did not support the complaint of seven residents of Estonia, who claimed that during the events of April 27 – 28, 2007 in
Tallinn the police unlawfully apprehended them and exercised violence with their regard.
On 14 September 2010 the European Court of Human Rights adopted a partial decision on admissibility of complaints in the case
Korobov et al vs Estonia. The said case consolidated the complaints of seven victims, having suffered police violence in the course of
events of April 2007.
In pursuance of its rules, the European Court of Human Rights first adopts the decision on admissibility of the complaint and only
thereafter the decision on the substance of the case.
With regard to four applicants the Court did not pass the conclusive decision on admissibility. Further, the Government of the Republic
of Estonia must present its observations on complaint of these victims of police violence prior to 27 January 2011. In particular, the
Government must comment on accusations of the complainants on having been handled in violation of article 3 of the European
Convention of Human Rights, specifying that no one shall be subjected to torture or to inhuman or degrading treatment or punishment.
The Government has also been given a deadline to supply an answer to the accusations that the complainants were deprived of their
liberty in violation of the guarantees, specified in article 5 § 1 of the Convention. The Government is to answer to the question whether
the complainants had the right to compensation for unlawful detention.
European Court of Human Rights also decided that it would not consider the complaints of three victims out of seven, mainly because
they could not present independent proofs on having suffered harsh treatment (for several reasons they did not refer to the physicians at
due time for getting medical certificates to the effect).
The leading lawyer in this case is Dr. Bill Bowring, Professor of London University. Professor Bowring is a well-known specialist in
human rights, in a number of cases having won the lawsuits in the European Court of Human Rights (ECHR). In Estonia the legal aid to
victims of police violence, as well as collection of documents and materials for the ECHR has been the concern of jurists of Legal
Information Centre for Human Rights.
Says Director of Legal Information Centre for Human Rights Aleksei Semjonov: In the partial decision on admissibility of the European
Court of Human Rights the facts have been presented, in general, adequately. Therefore one can anticipate prompt consideration of the
complaint of four applicants. Our organisation has no doubts that in the process of April 2007 events the Estonian authorities violated the
human rights. The precedents in similar cases provide ample bases to hope that the Court in Strasbourg will adopt a positive decision on
complaint of the victims of police violence.
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Toomas Hendrik Ilves
President since 9 October 2006
None reported.