The State can restrict human rights through the actions of state officials. In these cases, they do not issue an official written decision, however, the very actions of state officials may act as measures that restrict human rights.
example During a demonstration, police officers may order that a loudspeaker be switched off, or may detain people.
‘Actions’ that restrict human rights may also include a failure to act where state institutions or officials have an obligation to do so.
example If you are detained at police detention facility, you have a right to receive food and drinking water. The failure to provide you with food and water may result in a violation of your human rights. Similarly, if a school or other educational institution fails to act to prevent the bullying of students, this may violate children’s right to be protected from psychological violence.
Effective remedy
You do not lose your right to an effective remedy because there was no official written decision issued when your rights were restricted by the actions of state officials. The right to an effective remedy applies to all potential violations of human rights, including those that are the result of actions by public officials.
In Estonia, the Administrative Procedure Act calls such actions ‘measures’. If a measure violates your rights, you have the right to require reasoning of the measure in writing. A request for reasoning must be submitted to an administrative authority in writing promptly after you become aware of the measure. If a measure violates your rights, you may also require the administrative authority to terminate the performance of the measure and to eliminate the consequences of the measure and compensate for the damages pursuant to the State Liability Act. You also have the right to turn to the administrative court in accordance with the procedure prescribed in the Code of Administrative Court Procedure to seek protection of your rights.
Read more about administrative proceedings.
The actions of investigators, prosecutors or other officials involved in criminal proceedings require a special complaint procedure. It is laid out in the Code of Criminal Procedure.
Read more about criminal proceedings.