Additionally, there are practically no independent organisations that receive complaints as
to discrimination and unfair treatment in the criminal justice and penitentiary systems in
Estonia. My organization receives such complaints from places of detention; however, we
only deal with them as regards improper conditions of detention, but not the violations in
the process of administration of criminal justice. Yet the number and content of the
complaints shows that unfair treatment and discrimination in the administration of justice
are probable. Estonian mass media publish stories of national minority’s representatives
who got stricter punishment, as compared to Estonians, for the same crimes. Apart from
that, Russian-speaking minorities file a huge number of complaints against bailiffs.
All the above mentioned and absence of free access to legal information in the languages
of minorities, primarily – in Russian, hampers the discovery and elimination of reasons for
national, ethnical, linguistic, and religious discrimination and unfair treatment during the
administration of justice.
Thanks you for your attention.
RECOMMENDATIONS AND EXPLANATORY NOTE OF THE LEGAL INFORMATION
CENTRE FOR HUMAN RIGHTS, ESTONIA.
I.
RECOMMENDATIONS
Estonian authorities are obliged to comply with all recommendations delivered by the
competent UN, CoE and OSCE international bodies in regard of respect for national,
ethnical, linguistic and religious minorities’ rights within the criminal justice and penitentiary
systems. Estonian authorities should:
1. Reconcile national legislation with the said recommendations and International Law
as a whole.
2. Reconcile the definition of genocide contained in the Estonian legislation with the
wording commonly accepted in International law based on the European Court on
Human Rights’ (ECHR) decision dated October 20, 2015. Require submission of
more grounded evidence of the threat of national, ethnical or religious group
elimination during future judicial estimations.
3. Support independent civil society institutions active in the sphere of national,
ethnical, linguistic and religious minorities’ rights and involved in:
Due and professional monitoring of criminal justice procedures and detention
conditions (including those during pre-trial and trial) for representatives of
national minorities with the aim of discovering cases of unfair treatment and
discrimination of the said representatives.