On 20 March 2020, the Estonian ambassador to the Council of Europe sent a letter of notification pursuant to Article 15 of the European Convention on Human Rights in which he provided information on the restrictions introduced in Estonia due to the pandemic spread of the coronavirus. The letter also stated that Estonia would immediately inform the Council of Europe of any new restrictions introduced and continue complying with international human rights, including the European Convention on Human Rights.
On 12 March 2020, the Government of the Republic of Estonia declared a national emergency situation due to the pandemic spread of the coronavirus in the world, which remains in force until 1 May 2020. In relation to the emergency situation, Estonia has established restrictions on movement in the state and across its borders, changed the organisation of the provision of education and courts, closed various cultural and other establishments, set restrictions on communication, including with persons in hospitals and detention facilities, and so on.
The current situation corresponds to the emergency specified in Article 15 of the Convention due to the measures implemented. Estonia stated in its notification that it has implemented said measures, which restrict the rights guaranteed with the Convention. Due to the extent of the emergency situation, Estonia has established restrictions that may not comply with the case-law of the European Court of Human Rights that have developed in an ordinary situation, but which must be assessed in the context of an emergency. The submission of the notification does not mean that Estonia will stop guaranteeing the rights set forth in the Convention.
Based on the case-law of the European Court of Human Rights, a state has to notify the Secretary General of the Council of Europe quickly enough to ensure that the exception will be applicable in future court cases. The European Court of Human Rights will decide whether the restrictions established in Estonia comply with the European Convention on Human Rights after the completion of national legal proceedings.
In order to take measures that are important and critical to public health, the state must be able to presume that if the respective measures are assessed in the future, it will be done in consideration of the fact that the measures were taken in an emergency. As Estonian courts would solve complaints based on the fact that an emergency situation had been declared, it would be appropriate that the European Court of Human Rights could proceed from the same grounds should a complaint be referred to them.
Notifying the Council of Europe will not change the relevant obligations of Estonia or give the state the right to interfere with the rights of persons without legal grounds. Neither does this preclude the right of persons to turn to Estonian courts for the protection of their rights, as these courts have the competence – firstly and before the European Court of Human Rights – to assess the measures taken.
Relying on Article 15 of the Convention does not release Estonia from responsibility if the measures taken by the state are excessive and disproportionate. All measures taken in an emergency situation must be justified and proportional. In the emergency situation, Estonia will continue to comply with the laws in force and ensure the protection of the fundamental rights of people.
Further information:
Ministry of Foreign Affairs
Public Relations Department
[email protected]
