International law and its relation to domestic law

Generally recognized principles and rules of international law are an inseparable part of the Estonian legal system. (Article 3 of the Constitution of the Republic of Estonia, 28 June 1992) The Constitution provides that Estonia shall not enter into international treaties that contradict the Constitution. If Estonian laws or other legislation conflict with international treaties (including international human rights conventions) ratified by the Estonian parliament (Riigikogu), the provisions of the international treaty will apply. (Article 123 of the Constitution)

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International law and its relation to domestic law

Generally recognized principles and rules of international law are an inseparable part of the Estonian legal system. (Article 3 of the Constitution of the Republic of Estonia, 28 June 1992) The Constitution provides that Estonia shall not enter into international treaties that contradict the Constitution. If Estonian laws or other legislation conflict with international treaties (including international human rights conventions) ratified by the Estonian parliament (Riigikogu), the provisions of the international treaty will apply. (Article 123 of the Constitution)

FREEDOM OF ASSEMBLY

Legal framework

The Constitution states that everyone shall have the right, without prior permission, to assemble peacefully and to conduct meetings. This right may be restricted, pursuant to the procedure provided by law, to ensure national security, public order, morals, traffic safety, and the safety of meeting participants, or to prevent the spread of an infectious disease. (Article 47 of the Constitution) The Public Assemblies Act covers issues pertaining to freedom of assembly. (Entered into force on 2 May 1997. Hereinafter referred to as the Law) A number of local governments have adopted procedures and rules of public order pertaining to the conduct of an assembly. These rules are based on the Law, and they regulate organizational matters, for example, re-directing traffic, etc.

Types of assemblies defined and protected in domestic law

For the purposes of the Law, an assembly is a meeting, demonstration, rally, picket, religious event, procession, or other manifestation conducted on a square; in a park; or on a road, street, or in another public place in open air.

Possible limitations/restrictions/conditions, including requirement for notification

During a state of emergency or a state of war, the rights and freedoms of a person may be restricted, and duties may be placed upon him or her in the interests of national security and public order, pursuant to the procedure prescribed by law. (Article 130 of the Constitution) The Government of Estonia may restrict public meetings during a state of emergency. (Article 17, Section 1, Clause 6 of the State of Emergency Act of the Republic of Estonia, 10 January 1996) The right to assemble peacefully and to conduct meetings may be restricted to ensure national security and public order. (Article 5, Section 2, Clause 13 of the Wartime National Defence Act, 28 October 1994)

It is prohibited to organize an assembly that is directed against the independence or sovereignty of Estonia; that aims at violent change of the current system of government; incites others to violently infringe the territorial integrity of Estonia; incites national, racial, religious, or political hatred or violence or discrimination between social strata; or that incites the violation of public order or undermines morals. (Article 3 of the Law)

The organizer of an assembly has to submit notification of the planned meeting at least seven days prior to the date of the meeting:

- To the rural-municipality government or city government on whose administrative territory the assembly is to be conducted;

- To the county government if the assembly is to be conducted on the administrative territory of several municipalities or cities of that county;

- To the Estonian Government if the assembly is to be conducted on the administrative territory of several counties. (Article 7 of the Law)

Such a notification shall contain the following information: the type of assembly (demonstration, rally, picket, religious event, march, or other expression of opinion); the purpose; the estimated number of participants; the place of initial gathering; the place of assembly; the route (when relevant); the date and time (start and finish); information about the organizer (name, year of birth, citizenship, and place of residence in Estonia); the name and address of the organizer if it is legal body or union without the status of a legal body; the type of  sound equipment to be used; confirmation that the organizer is aware of the requirements of the Law; and telephone and fax numbers (if they exist) to communicate with the organizer. (Article 8 (1) of the Law)

If it is necessary to re-direct traffic, the organizer has to submit the relevant notification along with a traffic scheme approved by the police and local government 10 days prior to the date of the assembly.

Place, route, and time of assemblies

An assembly may be conducted on a square; in a park; or on a road, street, or in another public place in open air. The Law prohibits assemblies at border posts or closer than 300 metres to the state border; closer than 50 metres to a unit of the defence forces or the territory of a defence-forces establishment; on a bridge, on a railway line, or in a mine; under a high-voltage electric line; anywhere an infectious disease has spread; in a dangerous place in nature; or in another place that may pose a threat to people. (Article 5 of the Law)

Power to ban assemblies

If the notification is not submitted in accordance with the requirements provided by law, or if another assembly has already been registered for the same time (or the same place, or the same route), the relevant government official has the right not to register the notice. The official will promptly communicate the reason to the organizer. It is prohibited to conduct an assembly if the notice was not registered.

The Minister of Interior or the local police prefect may, under certain conditions, prohibit an assembly, and to inform the organizer at least three days in advance of the planned assembly. (Article 8 of the Law)

Requirements for organizers; their rights and duties (including liability and penalties)

The Law stipulates that the organizer (steward) of an assembly must an adult citizen of Estonia or an alien who has permanent residency in Estonia and who also has legal capacity. (Article 6 of the Law)

The organizer must be present at the assembly and must ensure that it is conducted peacefully; ensure the safety of participants and, if necessary, the use of barriers to prevent people from entering dangerous areas; observe the requirements of health protection; warn people who cause disturbances; stop a speaker if he or she makes statements that call the participants to engage in prohibited activities; comply with the orders of the police, medical, and rescue services; and terminate the assembly prematurely if its activities become violent and endanger public order or people's life or health. (Article 11 of the Law)

The steward of an assembly is required to be present at the assembly; to request that the police remove any meeting participants who disregard his or her orders; to comply with the orders of the police, medical and rescue services; and to carry a clearly visible identification sign with the indication "Steward" on it. (Article 12 of the Law)

Conducting an assembly in violation of the established rules and regulations, or conducting an assembly for which either no notice has been registered or a notice has been rejected by a communication explaining the reasons for the refusal, results in a fine of up to 200 units. (Article 14² of the Law)

Organizing an unauthorized assembly, or encouraging others to participate in such a meeting, may result in punishment of up to one year in prison. (Article 265 of the Penal Code of the Republic of Estonia, adopted on 6 June 2002)

Requirements for participants; their rights and duties (including liability and penalties)

Assembly participants are required to behave peacefully and to comply with the orders of the organizer, steward, police, and medical and rescue services. (Article 13 of the Law) There are no other requirements for participants that are stipulated by law.

State and police powers and responsibilities (including liability and penalties)

An authorized official is required to notify the relevant police prefect, as well as medical and rescue services, about the date, place, and route of a planned assembly within one day of receiving notice of an assembly. (Article 9 of the Law)

Police conduct during public meetings is regulated by the Police Act. (Police Act of the Republic of Estonia, adopted on 20 September 1990 (consolidated text with amendments of December 2003)) In general, the police shall guarantee public order. (Article 3 of the Police Act) Unlawful physical or psychological violence and degrading treatment or punishment shall not be used in the activities of the police. (Article 3 (3) of the Police Act) The police, in accordance with their functions, shall provide assistance to persons within the limits of their competence; protect the life, health, honour and dignity, and property and possessions of persons against illegal attacks and against any other danger; guarantee order in public places; in the case of an offence, demand the immediate termination thereof and apply appropriate measures for its termination; and help protect the natural environment and natural resources. (Article 12 (1) of the Police Act) The police have the right to demand that people and officials observe public order and cease violations thereof, and they have the right to apply coercive measures prescribed by law with regard to offenders. (Article 13 (1) of the Police Act)

The police have the right to use special equipment, truncheons, and gas weapons to counteract mass disturbances of public order. (Article 13 (4) of the Police Act) The police shall consider the nature of each offence, person, and situation before using special equipment, truncheons, or gas weapons against an offender. If special equipment, truncheons, or gas weapons are used, the police shall avoid causing more harm to the health of the offenders than unavoidable in the situation. (Article 14 (7) of the Police Act) Police officers have the right to use firearms as an extreme measure in specific situations where performance of their duties is otherwise impossible without endangering their life or health. (Article 15 (1) of the Police Act) Firearms may be used to counteract group or armed attacks against police officers or other persons who perform their public duties in the protection of public order or fight against crime. (Article 15 (2⁴) of the Police Act) It is prohibited to use weapons or special equipment (except equipment for self-defence) against minors, elderly people, or women who are obviously pregnant except to combat or prevent an armed or group attack by such people or in order to disarm such people. (Article 15¹ (1) of the Police Act)

In case an individual’s rights have been violated as a result of unlawful actions taken by a public official, that individual shall have the right to seek compensation for damages if such damages were not preventable and if they cannot be eliminated by the protection or restoration of rights. (Article 7, Section 1 of the State Liability Act of the Republic of Estonia, adopted on 2 May 2001)

The State Liability Act regulates compensation for proprietary and non-proprietary damages. If an individual suffers a bodily injury or damage to his or her health, he or she may claim compensation for expenses caused thereby. An injured party may also claim compensation for expenses such as required medical treatment; expenses caused by increased needs; loss of income due to incapacity for work, including damage caused by a decrease in income or worsening of further economic opportunities. (Article 8, Section 2 of the State Liability Act) An individual may claim financial compensation for non-proprietary damage for degrading treatment, damage to health, deprivation of liberty, violation of the inviolability of home or private life or the confidentiality of messages, or defamation of honour or good name of the person. (Article 9, Section 1 of the State Liability Act)

Rights of appeal

Complaints regarding the non-registration of the notice for conducting an assembly or a decision to prohibit an assembly can be appealed to an administrative court. The court shall examine the complaint on the day of its submission or on the following working day.

Analysis was written with the assistance of the Permanent Mission of the Republic of Estonia to the OSCE, which completed the ODIHR questionnaire.

Posted in October 2006

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