If you believe that your human rights have been violated while you are in prison, you may submit a complaint about such violation. It is important for preventing an ongoing violation, preventing a future one or for obtaining compensation.
Not later than on the day following your arrival in a prison, you shall meet a prison service officer who shall explain to you your rights and obligations as a prisoner. You have to be given written information concerning the Acts which regulate the execution of your imprisonment, the internal rules of the prison and the submission of complaints.
Read more about the following most common types of complaints:
If you believe that prison conditions are violating your rights, you should complain first to the prison service. If you consider that prison service has not reacted to your complaint properly you should complain further to the Administrative Court.
If you believe that a decision, or something done by prison officers, violated your rights, you should submit a complaint to the prison service. The function of the prison service is the execution of imprisonment and custody pending trial and the organisation of probation supervision and supervision of conduct after service of the sentence. It is obliged to examine your application.
According to Estonian law, you can normally appeal a decision by the prison service within 30 days of the date you received the decision. Where there is a written decision, the time limit and procedure for appeal must be indicated in the decision.
You have the right to file an appeal against a ruling on restriction of contacts with the outside world and communication inside the prison made on the basis of § 251 of the Imprisonment Act with the administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure.
If you do not agree with the termination of the visit by an official of a security authority, you have the right to file a written challenge with the security authority pursuant to the procedure provided for in the Administrative Procedure Act or an appeal with the administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure.
An action to determine the unlawfulness of an administrative act or measure may be filed within three years after the administrative act was issued or the administrative measure was taken.
If you want to complain about violence or a potential crime committed by a prison officer, read about specific procedures.
Generally, you can challenge any decision by the director of the prison to the Ministry of Justice. Unless otherwise provided by law, a challenge concerning an administrative act or measure shall be filed within thirty days as of the day you become or should become aware of the challenged administrative act or measure.
If a challenge or an application is rejected due to the reason that you failed to eliminate the deficiencies in the challenge or application within the designated term, you have no right to file an application with an administrative court concerning the same object of the challenge proceedings or an application for compensation for damage.
You have the right to file complaints with an administrative court against administrative acts issued or measures taken by a prison provided that you have previously filed a challenge to the prison service or the Ministry of Justice and the prison service or the Ministry of Justice has rejected the challenge, satisfied the challenge in part, denied the challenge or failed to adjudicate the challenge during the term. You should file the appeal within 30 days from the day you received the decision.
An administrative act shall contain a reference to the possibilities and place of and terms and procedure for the challenging of the administrative act. Absence of a reference to challenge does not affect the validity of an administrative act or alter a term for challenging thereof, or bring about other legal consequences. Absence of a reference to challenge may be deemed to be a good reason for allowing the term for challenging to expire, if the term is allowed to expire due to absence of a reference to challenge.
You have the right to appeal the ruling of the Administrative court to the Circuit Court within 30 days following public pronouncement of the judgment.
Read more about your rights in the Administrative Court.
Estonian Court System has a three-level court system, in administrative cases is following:
- administrative courts (Halduskohtud)
- circuit courts (Ringkonna kohtud) and
- the Supreme Court (Riigikohus)
Normally your claim can be examined at all three instances. Read more about appeals in Administrative Courts.
The prison staff and the head of the prison are responsible for conditions and good order in prison. Therefore, if other inmates have violated your rights, you should alert the prison staff or the head of the prison service.
Read more about how to complain about crimes committed by fellow inmates.