The Police and Border Guard Board (PPA) canceled the residence permit of Russian citizen Isa Khalilov after he was released from prison early under a suspended sentence. The court order grants him the right to remain in Estonia for several more years.

Khalilov must meet regularly with a probation officer for two years and wear an electronic monitoring device for a year.

The probation service is enforcing the court's ruling and cannot change it independently. Only the court has the authority to end the probation period earlier, which would then make Khalilov's deportation possible.

The Prosecutor's Office opposed his early release, saying it would be hard for him to find work and reintegrate into society.

The Ministry of Justice was also against the move. It said implementing probation for someone without a valid residence permit is problematic because being able to work and meet the imposed requirements would be difficult, if not impossible.

New situation

Merike Sirendi, head of the Ministry of Justice and Ministry of Digital Affairs' Department of Prisons' Social Reintegration Unit, told ERR this is a first in Estonia. For that reason, the probation officer must seek the court's guidance on how to proceed.

"The probation officer does not have the authority to independently alter the conditions of the probation period set by the court. The court makes its decision by weighing all factors, and the probation officer will act accordingly, moving forward, as will the PPA. If the court deems it possible to terminate probation, the PPA can then carry out the deportation order," said Sirendi.

The Aliens Act states that a foreigner has the right — or even an obligation — to remain in Estonia if that right arises from a law, court decision, or administrative act.

Probation officer can submit proposal to court

Khalilov has been placed under behavioral supervision for 24 months. The actual end date of the supervision depends on whether probation is terminated earlier or not, Sirendi said.

A probation officer may submit a proposal to reduce his sentence after six months if he shows good behavior. If the court agrees, Khalilov could be deported from the country.

Asked if it would be more reasonable to deport Khalilov as quickly as possible, Sirendi said the role of probation is to implement the court's decision in the best way possible. She said the ministry does not comment on the merits of one course of action over another.

However, Sirendi did acknowledge that there may be a gap in Estonian legislation that could be closed to solve these issues in the future.

"We are analyzing this and will submit proposals to amend legislation if needed," she said.

Sirendi said there was a recent case in Estonia in which a person under probation could not meet control requirements or obligations, nor could the state monitor them because they had already been deported.

"In that case, the court discontinued the behavioral supervision, as the person had been deported from the Republic of Estonia," she said.

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