"Plans are in place to file a lawsuit. It seems that society is ready for such a turn of events," Lember told ERR on Thursday. He mentioned that the prosecution could have terminated the process initiated against him much earlier.

His lawyer, Margo Lemetti from the law firm WALLESS, stated in a written comment to ERR that the amount of the claim, its content and other details are still being specified.

"It is clear that the criminal procedure intensely experienced by Kajar Lember for eight years lasted unreasonably long and has caused significant suffering to him and his close ones. No person should have to endure an unjust criminal process and wait years to know their fate. In a situation where the prosecution itself agrees that the state has struggled with conducting the procedure reasonably and has thereby caused damage to Kajar Lember, the state must take responsibility and restore Lember's violated rights," asserted attorney Lemetti.

He emphasized that an apology alone is insufficient, but compensation should cover all the damage incurred to Lember during the eight-year procedure.

The lawyer acknowledged that the current Estonian legal system does not allow for claiming compensation for the burden of enduring a criminal procedure that was overly taxing on the accused and resulted in the accused being essentially erased from society due to an unfounded criminal procedure.

"Although the state emphasizes that a citizen has a duty to endure the criminal procedure, it is clear that this endurance obligation is not limitless. When the reasonable limit of endurance is exceeded, the resulting damage and suffering must be compensated," Lemetti found.

"Unfortunately, current legislation does not account for such extreme cases as has occurred in Lember's case. Likely, the legislator did not foresee that the state could infringe on a person's rights with such intensity and thereby cause excessive damage. Kajar Lember has expressed a desire to clearly argue this issue in the Estonian legal system, so that similar cases do not recur in the future and individuals caught in similar situations would have an easier time enforcing their rights. WALLESS lawyers are preparing the corresponding claim against the state," explained the attorney.

On Friday, March 8, the circuit court's decision, which acquitted Lember of corruption charges and accepting bribes, came into effect. The former Tartu deputy mayor, now an entrepreneur, Lember was accused of violating transaction restrictions and accepting bribes, and giving a bribe to a hairdresser. The alleged bribe was a haircut, which would have cost nine euros, but for which the hairdresser refused to accept payment from Lember.

The Tartu County Court acquitted Kajar Lember of all charges on December 14, 2022. The prosecution appealed the decision to the circuit court, which left the decision unchanged. The South District Prosecutor's Office had the option to contest the district court's decision in the Supreme Court, but the prosecution decided to forego this opportunity.

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