Estonia to appeal ECHR prison smoking ban ruling
Minister of Justice and Digital Affairs Liisa Pakosta (Eesti 200) is to appeal a European Court of Human Rights (ECHR) decision that Estonia's prison smoking ban violated prisoners' privacy and freedom of choice, Postimees reported.
The ECHR judges found, by a close 4:3 margin, that Estonia failed to strike a fair balance between protecting health and preserving prisoners' personal freedom when it removed their ability to choose when putting the ban in place eight years ago, stressing that even in prison, people retain some degree of bodily autonomy and control over their daily routines.
"From the prisoners' perspective, smoking may not only be an unhealthy habit, but also a way to relieve anxiety and tension," the court noted; the ban had removed even designated smoking areas.
The ban was imposed by then-Minister of Justice Urmas Reinsalu (Isamaa) and came into force in October 2017, after which almost 20 prisoners filed complaints with various courts, calling the ban "torture," while domestic courts were divided on the issue.
Estonia's judge at the ECHR, Peeter Roosma, was one of the three dissenting judges who found the general smoking ban in Estonian prisons lawful and saw no need for change, and joined Ireland's judge Úna Ní Raifeartaigh in a joint dissenting opinion that Estonia acted lawfully to protect health, safety, and order in prisons and introduced the restrictions gradually, supporting smoking prisoners with counseling.
The ruling, which is subject to appeal, comes as Estonia is moving forward with a prison rental scheme to house inmates from Sweden.
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Editor: Andrew Whyte
Source: Postimees
