Taro visited the ISS, known in Estonian as Kapo, to review its surveillance procedures, Äripäev reported in an exclusive interview with Taro published Wednesday.

Public debate has emerged in recent months over surveillance and related actions by the ISS and other state agencies, with some claiming these can infringe fundamental human rights.

Isamaa MP Aivar Kokk said Taro's visit to the ISS raises concerns about the separation of powers in Estonia. The ISS lies under the Ministry of the Interior's remit.

"Igor Taro must immediately explain to the public on what legal basis and to what extent he examined the case files. And which files he chose to review selectively," Kokk, who is deputy chair of the Riigikogu Security Authorities Surveillance Select Committee, said in a statement that reached ERR after the original Äripäev interview had been published.

"The interior minister's statements are deeply concerning. In the same interview he correctly stated that if the minister has questions, he has the right to ask the agency's director general for explanations. That is where the minister's role should end," Kokk said.

An interior minister must ensure that the security agencies enjoy the conditions necessary to function, but there must not even be the least suspicion that the minister is reviewing individual investigations or making political judgments about them, the Isamaa MP went on. "Conduct like that calls into question the independence of the security agencies and raises concerns about the separation of powers and adherence to the principles of oversight."

Kokk said Taro "has no authority to determine whether the rules governing surveillance activities have been violated," noting the authorized bodies are "the Prosecutor's Office and, where appropriate, the Riigikogu Security Authorities Surveillance Select Committee, within the scope of its powers."

ISS spokesperson Marta Tuul confirmed to ERR that Taro's visit had taken place on July 3, noting the agency is overseen by nine institutions, one of which is the Ministry of the Interior.

"The minister has the right to exercise oversight over the activities of institutions within his area of government in accordance with the law," Tuul said, noting the minister had been "introduced to the agency's work processes involving intelligence-gathering and surveillance measures that interfere with fundamental rights. The minister also reviewed, on a random basis, case files in which proceedings had already been concluded."

Minister: I wanted to dispel doubts about the ISS

Taro said his intention with the July 3 inspection "was precisely to dispel any doubts and so that I could personally state with confidence that yes, I have been there, I have reviewed the documents and I am convinced that the agency is acting lawfully," adding he wanted to see for himself and not rely on the testimony of others.

"Based on the spot checks I carried out there, I did not identify any violations or shortcomings [with the ISS]," Taro went on, stressing he was only able to examine closed case files.

These were "fairly old cases," noting "Ongoing investigations must not be politically influenced or interfered with in any way," and that that would be a no-go zone for the minister.

Government members must have the highest level of security clearance, but even then it is decided on a case-by-case, need-to-know basis, Taro added. "So I do not think the minister is in any way an outsider here. I am fulfilling my duty of care when I go and make sure everything complies with procedures."

Taro said the ISS's oversight regulation is "multilayered," with the first layer consisting of the agency's own working procedures.

Taro said his ministry's audit department's monitoring makes up the second layer, and that the minister can review closed case files "where necessary" and "to ensure that those procedures have been followed."

The Office of the Chancellor of Justice and members of the Riigikogu Security Authorities Surveillance Select Committee are also eligible to inspect ISS closed surveillance files, Taro went on, adding "they have done so."

The Prosecutor's Office directs all investigative activities and proceedings, makes the relevant decisions, and determines whether particular measures should be authorized or whether authorization should be requested from a preliminary investigation judge, Taro went on, while the next layer consisted of a preliminary investigation judge, who grants permission for surveillance activities.

This is topped off with judicial oversight. "When cases go to court, another judge examines the evidence during the trial and assesses whether it is admissible," Taro concluded.

Riigikogu committee chair: Interior minister must be familiar with ISS operation

Maris Lauri (Reform), who chairs the Riigikogu Security Authorities Surveillance Select Committee, of which Kokk is deputy chair, told ERR that the interior minister needs to be familiar with the ISS's work and understand how it operates. "That is why I assume that granting him access to the files was carefully considered," she commented. Access to ongoing case files is highly limited and committee members are confined to examining closed case files only, Lauri, a former justice minister, added.

"In cases involving classified information, the holder of the information, who is responsible for it, decides what may be disclosed, taking into account whether doing so is necessary and possible. With classified materials, it is always assessed whether the person has a need to know, and access is granted on that basis," Lauri added.

Concerns over the ISS's powers expressed in recent months include those over its alleged practice of obtaining the contents of email inboxes without a court authorization or other legal basis.

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