Your letters or telephone conversations may only be monitored or recorded for security reasons - this monitoring should be used only as an exceptional measure and where your individual circumstances require it. There are several ways that your letters can be monitored, starting from reading them to retaining them. Even if there are security concerns, the prison administration must choose the less restrictive form of monitoring that is effective for your situation. A prison service officer may restrict the right of correspondence and use of telephone if such right endangers the security or violates the order of the prison or damages the objectives of execution of imprisonment.
A prison service officer shall open letters sent by or to you in your presence, except letters addressed to certain persons brought out in privileged correspondence chapter, and shall confiscate any items the holding of which in a prison is prohibited by the internal rules of the prison.
Privileged correspondence
important Conversations or written correspondence with your lawyer must not be monitored.
It is prohibited to restrict your right of correspondence or use of telephone for communication with state agencies, local governments or their officials or with your criminal defence counsel or a representative who is an advocate. Read more about privileged correspondence.
Estonian law
According to Estonian law, all telephone conversations and letters, except conversations with state agencies, local governments or their officials or with your criminal defence counsel or a representative who is an advocate, may be restricted. Such indiscriminate monitoring, however, is not allowed by human rights. In order to justify the monitoring of correspondence, the prison administration must have real and well-grounded reasons for suspecting that some illegal activities may be under discussion or being planned in the correspondence. A separate decision must be issued by the administration in this case.
How to complain
If your correspondence is being monitored without an adequate reason, it may violate your freedom of correspondence and your right to a private and family life.
If you believe that your correspondence is being monitored without any individual assessment or valid reason, or the restrictions are too severe for your situation, you should complain about this to either to the head of the prison or to the Department of Prisons of the Ministry of Justice and subsequently, the Administrative Court. Read more about how to complain.
If the aforementioned proceedings have been unsuccessful, you will later be able to complain about a potential violation of your rights in court or international human rights institutions.