"The Ministry of Justice is planning to undertake drafting a bill to amend the Penal Code this year," Ministry of Justice adviser Einar Hillep wrote in a letter to Maarja Krais-Leosk, chief director of the Estonian Chamber of Disabled People (EPIKoda). "While reviewing various proposals, we are considering, among other things, introducing a new penal provision concerning the abuse or systematic degradation in any other manner of vulnerable or helpless people."

Hillep likewise noted that the majority of abuse cases are already currently considered crimes under existing legislation.

Namely, according to section 121 of the Penal Code, causing damage to the health of another person is punishable, as is physical abuse which causes pain. Also punishable are the causing of serious health damage (section 118) and the knowing refusal to provide assistance to a person in a life-threatening situation in the case of accident or general danger (section 124).

The planned amendments would expand on the current definition of abuse to include degradation as well.

EPIKoda has for some time now appealed to several different authorities with the grievance that current legal protections in Estonia for people in vulnerable or helpless circumstances are inadequate.

The chamber director had sent a letter to the Ministry of Justice in which they requested information on whether cases of abuse in care institutions would lead to legislative amendments.

Justice chancellor promises several suggestions

In a letter to Chancellor of Justice Ülle Madise, Krais-Leosk also criticized that the court ruling issued in the abuse case at Rakvere Lille Home was unjustifiably lenient and violated citizens' sense of righteousness and justice. Krais-Leosk was likewise concerned that in the course of criminal proceedings, the victims' traumas were not taken sufficiently into account due to their disabilities.

In her response to the chamber director, Madise agreed that Estonia's current legal norms and institutions' internal control systems did not sufficiently protect the rights of especially vulnerable child victims. She also noted that she would request that the Riigikogu consider the implementation of additional provisions to protect people in vulnerable or helpless situations from abuse or the systematic degradation of their human dignity, as it has unfortunately become apparent that existing provisions have not proven sufficient.

Furthermore, the justice chancellor promised to request that the Riigikogu consider amending the Code of Criminal Procedure with a provision that would allow for mandatory state legal aid to be provided to a broader range than the current victims of limited active legal capacity, as well as consider expanding the scope of application of the prohibition on working with children in the Child Protection Act.

Madise also informed the chamber that she would ask the Riigikogu to consider whether the abuse or systematic degradation in any other manner of people in vulnerable or helpless circumstances – such as by inducing fear, distress and feelings of inferiority – should likewise be punishable. She noted that this concerns not only the behavior of those caring for disabled children, but also the care of disabled adults and the care of people who need assistance and support due to age or medical condition – such as leaving a patient whose hands are in casts in thirst, neglecting to assist someone who needs help with eating and subjecting people in need of other assistance with everyday tasks to demeaning and undignified treatment.

Last February, three former employees of Rakvere Lille Home charged with abusing minors in their care at the secure care facility were sentenced to conditional imprisonment. 

According to the charges, the three defendants, who worked as activity supervisors at the AS Hoolekandeteenused-owned and -operated Lille Home in Rakvere, systematically, both individually and together with the other activity supervisors, abused children in their care at Lille Home, causing damage to the children's health, physical pain as well as fear. All of the minors involved were disabled.

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