When can the right to hold a public meeting be restricted?
The right to hold meetings may only be restricted in the cases and pursuant to a procedure provided by a law to ensure national security, public order, morals, traffic safety and the safety of participants in the meeting, or to prevent the spread of an infectious disease.
In particular, the law specifies that it is prohibited to organise or hold a meeting which:
- is directed against the independence and sovereignty of the Republic of Estonia or at changing the constitutional order of the Republic of Estonia by force
- incites a breach of the territorial integrity of the Republic of Estonia by force
- incites hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political views, or property or social status
- aims to commit criminal offences or to incite them
Furthermore, there are certain places where it is prohibited to hold a meeting:
- in the area of an epidemic spread of a highly dangerous communicable disease
- at a border crossing point and closer than 100 metres to the external border of the European Union
- in the protection zone for an electrical installation with the nominal voltage of over 1000 volts
- at another place where it is prohibited by law
Order must be observed during public assembly. If it is not observed, police have the right to give orders to ensure compliance with the law as well as to order the assembly to disperse. If an assembly turns violent, police have the right to use force if necessary and to detain persons acting aggressively. Aggressive behaviour and behaviour contrary to national law may result in administrative and criminal responsibility. However, the force used by police must be absolutely necessary and proportionate to the threat.
What human rights violation may there be?
If you are prohibited or held back from conducting a lawful meeting, or you are detained or otherwise sanctioned for organising or participating in a form of peaceful demonstration, your right to peaceful assembly or freedom of expression may have been violated.
Any restriction on the freedom of assembly or freedom of expression must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. If it fails to meet any one of these three requirements, such a restriction cannot be considered justified.
Read more about freedom of assembly and freedom of expression in this Guide.
The law enforcement authorities may temporarily hold you or detain you with the aim of protecting you or others from harm, and in cases of potential administrative or criminal responsibility. However, this deprivation of liberty must comply with lawful obligations and not be arbitrary. If you have been held or detained unlawfully or arbitrarily, your right to liberty and security of person may be violated.
important If you are arrested on criminal suspicion and do not have an attorney-at-law at the time, according to Estonian law, you can ask the arresting officer to assign you an attorney who will be paid for by the State. Read more about arrest in this Guide.