What rights do you have in the detention procedure?

The fact that you have been detained does not mean that you are completely helpless. You have certain rights in the detention procedure. 

You have the right to:

  • Self-paid legal aid. You may participate in the proceedings either in person or through a representative. Personal participation does not extinguish your right to have a representative or adviser.
  • Apply for free state legal aid. You may receive state legal aid if you are unable to pay for competent legal services due to your financial situation at the time you need legal aid or if you are able to pay for legal services only partially or in instalments or if your financial situation does not allow for meeting basic subsistence needs after paying for legal services.
  • Contact the diplomatic or consular representatives of your country.
  • Receive and read the documents related to you detention with the help of your lawyer, if necessary
  • An interpreter, free of charge, if you do not understand Estonian. You might not receive the translation in your native language, but it should be in a language that you understand. An interpreter does not need to be enlisted if you have not applied for this and if your declarations are understandable to the court and the other participants of the proceedings. Court may enlist an interpreter on its own motion if necessary. 
  • Inspect the court file and obtain copies of the court file, participate in court sessions, submit to the court explanations and reasons regarding any issue which has arisen in the course of hearing the matter, submit evidence and participate in the examination of evidence, make objections to the applications and reasons of other participants of the proceedings, put questions to other participants of the proceedings, to witnesses and to experts.
  • Receive the decision (ruling) of the Administrative court as soon as possible after the last court session in which the matter is heard or after the due date for submission of applications and documents in written proceedings. Only a valid reason, in particular, the significant volume and complexity of the matter, justifies public announcement of a judgment later than 30 days after the last court session in which the matter was heard or after the due date for submission of applications and documents in written proceedings. The public announcement of the judgment may not be scheduled to take place later than 60 days after the last court session in which the matter is heard or after the due date for submission of applications and documents in written proceedings. The expiration of the time-limit for public announcement of a judgment in itself does not constitute grounds for annulment of the judgment.
  • Ask for a translation of the decision in a language you understand
  • The time-limit for lodging an appeal against a ruling is 15 days as of delivery of the ruling to you. In case you do not have a representative and you do not understand Estonian the time limit starts when you receive the translation of the ruling.

You should be aware that when you submit declaration or evidentiary document to the court in a language other than Estonian, the court requires you to provide a translation to Estonian thereof by a fixed date, or itself makes the arrangements for translation, with you bearing the costs. You may not be required to translate document if arranging the translation is impossible or unreasonably complicated for you.

What human rights violation may there be?

If you could not enjoy the abovementioned rights during the detention process, it may influence your ability to challenge your detention. Thus, it can result in the violation of the right to liberty and security of a person

Resources

Last updated 03/12/2018