What rights do you have in the detention procedure?

The fact that you are detained does not mean that you are completely helpless. You have certain rights during the detention procedure. 

You have the right to:

  • legal aid; if you cannot afford legal aid, you should apply for free state legal aid if you decide to appeal your detention before the court. 
  • receive information related to your detention with the help of your lawyer if necessary
  • a state paid interpreter if you do not understand Estonian. The translation does not need to be in your native language, but in any language that you understand.
  • explain your side of the situation personally or through your lawyer in front of a judge in the court
  • ask for a translation of the decision in a language you understand
  • appeal the decision within 15 days of receiving the decision.

What human rights violation may there be?

If you could not enjoy the abovementioned rights during the detention process, it may influence your ability to challenge your detention. Thus, it can result in the violation of the right to liberty and security of a person.

Resources

Last updated 25/01/2021