Inmates Challenging Smoking Ban Win Case Against Estonia 0 7

The court found that Estonia failed to strike a fair balance between protecting health and the personal freedom of inmates by depriving them of their right to choose. The court emphasized that even in detention, individuals retain a certain level of control over their bodies and daily lives.

In 2017, Estonia imposed a complete smoking ban in prisons, both indoors and outdoors. The ban was challenged in court by four inmates, including Rene Vainik, who is serving a life sentence. The plaintiffs complained that the sudden smoking ban caused them withdrawal symptoms and stress in already cramped conditions.

The Estonian government justified the smoking ban as necessary to protect people's health, prevent fires, and shield non-smokers from the dangers of passive smoking.

The judges of the European Court of Human Rights (ECHR) agreed with the legitimacy of these goals but concluded that Estonia went too far by eliminating even designated smoking areas.

"From the inmates' perspective, smoking is not just a harmful habit but a way to cope with anxiety and stress," the court noted.

The ECHR awarded three inmates compensation of 1,500 euros to cover legal costs. The request of the fourth plaintiff was rejected by the court as unfounded.

Thus, the ECHR concluded that the complete smoking ban in Estonian prisons violates the right to respect for private life. The decision was made by a narrow margin — four judges voted 'in favor,' while three voted 'against.'

Estonia Appeals the Decision

Justice and Digitalization Minister Liisa Pakosta stated to Postimees that Estonia will definitely appeal the court's decision to the Grand Chamber of the ECHR.

"The voting results, four votes 'in favor' and three 'against,' show how difficult this decision was. The issue is far from straightforward, and the ECHR's verdict depended on the opinion of just one judge. We will continue to challenge the very principle: can people under state control use narcotic substances. And nicotine is clearly one of the most harmful substances in the world," Pakosta said.

The minister noted that alcohol and drugs, the harm of which to health is scientifically proven, are banned in Estonian prisons. "The harm caused by nicotine to human health also has a solid evidence base," Pakosta concluded.