How long can holding in custody be applied as a security measure?

Trial within reasonable time

Human rights require that you be tried within a reasonable time or otherwise released whilst waiting for the trial. In Estonia, the time that you can be held in custody is stated in the Code of Criminal Procedure. Holding you in custody must not exceed the time periods clearly stated in law. 

Exceptions

These maximum time limits can be extended in only some situations by the investigative judge or the court. The reasons and limits of this extension are also clearly stated in the Code of Criminal Procedure.

Reasoned decision

Every time an investigative judge or the court prolongs the period of holding yoy in custody, the decision has to explain and justify in detail why in your case specifically it is still necessary to hold you in custody. If the decision does not give detailed and case-specific reasons, it may result in a violation of your rights. 

What human rights violation may there be?

Prolonged holding in custody in violation of the time limits stated in law may result in a violation of the right to liberty and security of a person.

Resources

Last updated 21/07/2017