MPs with EDF background call for the creation of a military court in Estonia
Members of the Riigikogu National Defense Committee with military backgrounds say Estonia's court system is not prepared for a potential war and that a separate national defense court should be established.
The plan to establish a separate national defense court or military court is not new; similar discussions took place in the Riigikogu six years ago. Now, those debates have resurfaced.
Members of the Riigikogu National Defense Committee with military backgrounds — Leo Kunnas (independent), Peeter Tali (Eesti 200), Alar Laneman (Reform) and Meelis Kiili (Reform) — base their proposal to create a national defense court in Estonia on the views of legal experts who are also reserve officers.
Under the plan, the national defense court would begin operating during a state of war. It would handle, under expedited procedure, all kinds of defense-related matters, including failure to report for mobilization, desertion, looting or the requisitioning of property.
Daimar Liiv, a member of the legal section of the Assembly of Reserve Officers and a judge at Tallinn Administrative Court, explained that the peacetime court system is too slow and thorough to resolve situations that arise during wartime.
"In wartime conditions, we cannot apply the same system of legal protection that we currently use through standard procedures. Decisions must be made quickly and judges must be prepared — not only morally, but also in terms of skills — to prepare such decisions. This is my professional assessment: judges currently operate in peacetime mode and cannot envision how this work should function under wartime conditions or whether the legislation is suitable," Liiv said.
However, the Ministry of Justice opposes the idea of a national defense court. Justice Minister Liisa Pakosta (Eesti 200) said that even if there were a desire to establish such a military court, the Constitution would first need to be amended, as a national defense court would currently be unconstitutional.
"We already have judges designated from among the judiciary who are tasked with administering justice during wartime. This means that not all judges have this responsibility, only some. Specialization follows, which involves additional training. Part of this has already been completed and part will continue, so there is absolutely no need to create an additional, duplicative system," Pakosta told ERR.
Leo Kunnas, deputy chair of the National Defense Committee and a reserve lieutenant colonel, said that if the government assesses Estonia as being very well prepared for war at present, that is absolutely not true.
"As former career military officers, we have this expertise because we have long been involved in military leadership and leadership in general. We know what we are talking about. We also have enough imagination to observe and assess the war in Ukraine and other conflicts and to see what could happen here as well," Kunnas said.
The government is currently seeking a compromise with the National Defense Committee on a new draft Civil Crisis and National Defense Act. Defense Minister Hanno Pevkur (Reform) has already said that, if necessary, the entire draft bill will be withdrawn or the former military officers' proposals will be voted down individually.
"Even if the government were to withdraw it, we always have the option of submitting it as a committee bill. In that case, we will be compelled to do so," Kunnas said.
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Editor: Marcus Turovski
