What are your basic rights upon your detention?

You have various rights from the moment of your detention. You must be informed about these rights at the moment of your detention. 

You have the right to:

  • know why you were detained
  • appeal the lawfulness of your detention to the Court (within 15 days)
  • inform the consular institution of your country about your detention. You have the right of correspondence and the use of telephone and other public communication channels if relevant technical conditions exist in the detention centre. Costs related to correspondence and the use of telephone and other public means of communication shall be borne by you. For correspondence with Estonian state agencies, legal defence counsels, ministers of religion and consular officers of the country of nationality, your stationery and postal charges shall be covered if you do not have funds therefor.
  • communicate in a language that you understand with the help of a state paid translator if necessary
  • receive self-paid legal aid or apply for state legal aid.
  • receive and read the documentation related to your detention
  • receive necessary medical aid
  • ask not to be returned to a country where you may be subject to torture, inhuman or degrading treatment. You may not be expelled to a state to which expulsion may result in consequences specified in Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms or Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, or the application of death penalty.


Last updated 22/04/2024