All victims of hate crimes are entitled to receive protection and support provided by the State.
Estonian law provides that victims of all crimes should be protected and that perpetrators should be held accountable for their actions, this also applies to bias-motivated crimes. Immediate help should be available to someone in danger, and structural assistance and legal help should be provided for victims.
Immediate response
The police force is a law enforcement institution which has a legal obligation to act if a person’s safety, health or life is in immediate danger. This also applies to the protection of a person’s property. Therefore, if your safety, health or life is endangered by a person who expresses bias towards you, you have the right to call the police (112) for your protection. It does not matter whether you are a victim, due to a hate crime already having been committed against you, or whether you feel threatened and endangered that a crime may be committed against you in future. In fact, police officers are the first to respond in most hate crimes.
Hate crimes are usually underreported, because people are too intimidated by the perpetrator to seek help or because they do not trust the responsible authorities. However, it is important that the authorities identify a potential case of hate crime, stop the perpetrator who has already committed the hate crime, and provide the required help to the victim or the person who feels in danger. Thus, any witness to a hate crime should report it by calling the Emergency Line on 112.
Legal aid
The state does not have an automatic duty to provide you with free legal aid but in criminal proceedings the state will bring action against the perpetrator.
You may hire a lawyer at any stage of the proceedings. Your lawyer may be present every time you are required, or you choose, to participate in the proceedings.
In some circumstances, if you cannot afford a lawyer and you need legal aid to be able to exercise your rights and defend your interests effectively, you may apply for state legal assistance. State legal aid is the provision of legal services to a person at the expense of the state. State legal aid means that an advocate appointed by the Estonian Bar Association shall represent and provide counselling to the person participating in legal proceedings (criminal proceedings, misdemeanour proceedings, civil proceedings, administrative court proceedings, administrative proceedings, enforcement proceedings).
Aid after a hate crime
Victims may experience emotional or psychological trauma after a hate crime or they may want to seek more specialized help than the state can usually provide. Victims facing these needs can use the help of non-governmental organizations and state institutions working with specific social groups or providing specialized help.
What human rights violation may there be?
The risk that a violation of human rights may occur due to the failure of the police or other State authorities to ensure a victim’s safety, or their failure to prevent discrimination is possible as not every public official is trained in the procedures for performing in hate crime cases.
The State authorities must exercise due diligence to prevent, investigate and punish hate crimes in accordance with national legislation, whether those acts are perpetrated by state officials or by private individuals. Police failure to provide an adequate response to hate crimes may be considered to be a failure by the State to ensure safety for victims.
Operational measures, such as detention on remand which police must apply to protect a victim, are remedies which the State must use to enforce a victim’s human rights. If the police fail to adequately respond to a hate crime, it may result in a violation of the right to life or the prohibition of inhumane or degrading treatment.
The right to a fair trial could be violated if the state institutions or the courts investigating the hate crime do not follow the procedures prescribed by law, or the court proceedings take too long.
If the State (the relevant state authorities) fails to effectively respond, investigate or provide protection to the victims of hate crimes where there are immediate threats to victims’ lives, freedom or health, it may result in a violation of the prohibition of discrimination, in conjunction with a violation of the right to life and/or the prohibition of inhumane or degrading treatment.
The prohibition of discrimination may also be violated in instances where the responsible state institutions discriminate against the victim due to their own bias.