On March 20, the Estonian Ambassador sent a notice to the Council of Europe in accordance with Article 15 of the European Convention on Human Rights “Derogation from compliance with obligations in emergency situations”. In them, the ambassador notifies the restrictions adopted in Estonia to prevent the spread of coronavirus. Estonia will inform the Council of Europe immediately of new restrictions and will continue to respect international human rights, including the European Convention on Human Rights. On March 12, the Republic of Estonia introduced a state of emergency until May 1 in connection with the global coronavirus pandemic and the spread of the virus within the country. Due to the state of emergency, entry into, exit from the country is restricted, the educational procedure is changed, cultural and entertainment facilities are closed, restrictions are placed on communication, including with people in hospitals or places of deprivation of liberty. The measures introduced represent a situation that corresponds to the emergency situation outlined in Article 15 of the Convention “Derogation from compliance with obligations in emergency situations”. Estonia in its notification notes that it has taken measures that limit the rights guaranteed by the Convention. Due to the scale of the emergency situation in Estonia, measures have been introduced that should not be in line with the practice of the European Court of Human Rights as usual, they need to be assessed in the context of a state of emergency. This notice does not mean that Estonia ceases to guarantee the rights stipulated by the Convention.. It follows from the practice of the European Court of Human Rights that the state must duly and promptly notify the Secretary General of the Council of Europe so that the exceptions made apply in subsequent court cases. The compliance of the restrictions adopted in Estonia with the European Convention on Human Rights will be examined by the European Court of Human Rights, after domestic legal proceedings, postimees writes.. ee. In order for the state to take important and vital measures in the interests of the health of the people, it must be able to assume that in the future appropriate measures will be evaluated, based on the fact that they were taken in an emergency. Since Estonian courts will decide disputes on the basis that a state of emergency has existed, the European Court of Human Rights, accordingly, if the dispute reaches it, may proceed on the same basis. The notice of the Council of Europe does not alter Estonia’s respective state obligations and does not give grounds or the right to interfere in human rights disproportionately or without legal grounds.

Also, a person has the right to apply to the Estonian courts to protect his rights, in whose competence it is to evaluate the measures taken, first of all, before the European Court of Human Rights. The use of Article 15 of the Convention does not relieve the Estonian state of liability if the state takes excessive or disproportionate measures.. All measures taken in a state of emergency must be justified and proportionate. The state of Estonia follows the laws applicable in the state of emergency and guarantees the protection of fundamental human rights.