EIT: Vankeusvankien ja tutkintavankien erilainen poistumislupakäytäntö Virossa syrjintää koskevan EIS artiklan vastaista

30.3.2022 | Oikeusuutiset

Markku Fredman

Vool and Toomik v. Estonia (applications nos. 7613/18 and 12222/18)

The applicants, Tarko Vool and Janek Toomik, are Estonian nationals who were born in 1988 and 1971 and live in the towns of Võru and Jõgeva (Estonia) respectively.

The case concerns the statutory ban on remand prisoners from having long-term family visits, despite such visits being generally authorised for convicted prisoners. Mr Vool was remanded in custody in April 2014 on suspicion of extortion and of being a member of a criminal organisation, while Mr Toomik was remanded in custody in December 2011 suspected of handling a large quantity of narcotic drugs. During their time on remand, they were not allowed long-term – unsupervised visits of 24-72 hours – with their families.

Relying on Articles 8 (right to respect for private and family life) and 14 (prohibition of discrimination) of the European Convention on Human Rights, the applicants complain that they had
no right to long-term visits during their detention on remand whereas convicted persons serving their prison terms did.

Violation of Article 14 in conjunction with Article 8

Just satisfaction:

  • non-pecuniary damage: 5,000 euros (EUR) to the first applicant and EUR 3,000 to the second applicant
  • costs and expenses: EUR 4,125 to the first and EUR 6,004.20 to the second applicant

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