Estonia / Tartu Circuit Court / 1-13-11203

Country

Estonia

Title

Estonia / Tartu Circuit Court / 1-13-11203

View full case

Year

2023

Decision/ruling/judgment date

Monday, March 20, 2023

Incident(s) concerned/related

Discrimination

Related Bias motivation

Racial or ethnic origin

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Tartu Circuit Court / Tartu Ringkonnakohus

Online/Offline

Offline

Key facts of the case

J., serving a long prison sentence, sought early release. The lower court denied his request, citing concerns about his rehabilitation and risk of re-offending. The appellate court upheld the lower court’s decision.

Main reasoning/argumentation

The appellate court found the lower court’s decision to be appropriately reasoned and justified. While J. showed some positive aspects, the court found his rehabilitation insufficient to warrant early release, particularly given the seriousness of his crime and lingering concerns about his behaviour. Accusations of bias against the judge were dismissed.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The case clarifies the standards for early release from prison in Estonia. It emphasizes the importance of demonstrating genuine rehabilitation and the weight given to the seriousness of the original crime in such decisions. The court also addressed claims of judicial bias, ultimately dismissing them.

Results (sanctions, outcome) and key consequences or implications of the case

The appellate court affirmed the lower court's decision to deny J's request for early release. He remains incarcerated. The ruling establishes a precedent regarding the rigorous criteria for early release in similar cases and the limited grounds for challenging judicial decisions.

Key quotation in original language and its unofficial translation into English with reference details

From the arguments of the complainant, para: Rassismi ja diskrimineerimist ei ole J. kogenud üksnes pere, vaid ka kriminaalasjas osalenud prokuröri poolt, kes muudkui korrutas „moslem, moslem, moslem“. Translation: Racism and discrimination have not only been experienced by J's family, but also by the prosecutor involved in the criminal case, who kept repeating "Muslim, Muslim, Muslim".

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.