On November 17, 2015 the office of Yana Toom, European Parliament member
representing Estonia who sent the request to European Commission back in June 2015,
received the official notification of the start of procedure determining the compatibility of
Estonian language requirements and European law. Under this procedure Estonia has 10
weeks to justify its position. After that, European Commission has 10 weeks to decide on
the compatibility of Estonian rules and European law. The negative decision leads to
change of Estonian law and practice. In this case, people persecuted by the Language
Inspectorate will be able to challenge in court fines imposed by the Language Inspectorate,
which amount usually constitutes around 640 Euro.
5. Existence of so-called “black lists” raises great concerns as people outside Estonia
are not aware of its existence and of the fact that they are included there. Justifying
its actions by the issues of national security and state secret which may lead to
criminal charges, Estonia significantly limits free movement and free speech with
the aim to preclude the dissemination of ideas and opinions contradicting the
official position. The on-going court proceedings illustrate that persons whose rights
were limited in the interests of national security are not able to access the evidence
of their guilt presented by the state and marked as a state secret. Thus, they are
deprived of possibility to comment on or deny the commitment of the actions that
the state perceives as a threat to its security. In cases of Schengen visa annulment,
people are deprived even of the right to judicial remedies. Appealing the visa
annulment to the same authority that took the decision leads to easily predictable
results. At the same time, authorities are referring to the Schengen rules and giving
reasons for neither visa annulment nor decision on appeal. As the result of this,
people are not only unable to defend their rights but also are unaware of the
reasons for the sanctions.
On October 12, 2014 Estonian guard detained on the border and deported Prof. Valery
Tishkov, citizen of Russian Federation. On December 15, Mr. Giulietto Chiesa, citizen of
Italy, journalist and European Parliament member, was detained in hotel and deported.
Both came to meet with the audience within the international media club Impressum.
On March 31, 2015, after his meeting with readers in the club Impressum, writer German
Sadulaev was stopped at the border and his Schengen visa was annulled. Protests and
outrage in mass media had no effect. In all cases the authorities referred to national
security as the opinions of these people are allegedly threatening the public order in
Estonia. No evidence was presented.
On August 13, 2015 at the Luhamaa border crossing Estonian border guards stopped Mr.
Andrey Yakovlyev, redactor of information portal BaltNews.lv, who was going with his family
on vacation to Russia. Estonian border guards informed Mr. Yakovlyev that from July 22
and for 5 years onwards he is not entitled to enter Estonia. Mr. Yakovlyev has no official
information on the prohibition of entry and legal basis for it.