In a letter sent to the director of Viru Prison in early June, Madise stressed that opening correspondence from state institutions is illegal even when justified on security grounds.

The case began when a Viru Prison official opened, during a preliminary inspection and in the inmate's presence, an envelope containing a letter sent by the chancellor of justice.

"The fact that the prison official did not read the contents of the letter sent to the complainant does not make opening it lawful," Madise said. The Imprisonment Act and the prison's internal regulations prohibit opening letters sent by so-called special entities, including the chancellor of justice, courts and prosecutors, requiring that such correspondence be delivered in sealed envelopes.

Viru Prison justified opening the letter on security grounds, saying the measure was intended to prevent prohibited substances and items from entering the institution.

"It is not permissible to rely on security considerations and use an expansive interpretation to circumvent a prohibition laid down in special provisions," the chancellor of justice emphasized. According to her, the inviolability of correspondence from special entities is based on the principle of trust.

"The Riigikogu has therefore considered it necessary to ensure enhanced confidentiality for such correspondence. The prison itself acknowledged in its response to the justice chancellor that this restriction is based on the principle of trust, because there is generally no reason to assume that public authorities would send prohibited substances or items to inmates," Madise said.

She added that both the courts and prisons themselves have previously recognized the unlawfulness of similar actions.

According to the chancellor of justice, prisons have lawful and simple alternatives for verifying the authenticity of letters sent on behalf of public authorities. If there is any doubt, the institution can contact the sender directly.

"I find that Viru Prison did not act properly when it opened the letter the Chancellor of Justice had sent to the complainant," Madise wrote, asking the prison to comply with the law in the future.

Other similar complaints received by the chancellor of justice suggest that the opening of official correspondence is more widespread in Estonia's prisons and is not an isolated incident. Copies of the appeal were therefore also sent to Tartu Prison, Tallinn Prison and the Ministry of Justice and Digital Affairs.

--

Follow ERR News on Facebook and X and never miss an update!