The possibility of granting the Estonian Defense Forces (EDF) and the Defense League broader powers to detain and search individuals outside national defence facilities is being considered, but legal experts have pointed out that this could lead to situations with disproportionate use of force, writes ERR News.
The new measures are intended to be able to implement a ban on movement, stop vehicles, and prevent photography and filming near national defence facilities. Members of the EDF and the Defense League will be able to do this if they have received appropriate training.
Margit Gross, Deputy Secretary General for Legal and Administrative Affairs at the Ministry of Defense, pointed out that if someone is operating near military facilities, it will be possible to detain that person and search their belongings. However, it is necessary to observe proportionality when doing so and to carry out actions only for as long as necessary. The buffer zone around military facilities in populated areas is 300 meters from the facility, while in areas with lower population density – one kilometer. The Estonian Parliament’s National Defense Committee is evaluating the draft law and preparing possible amendments.
Kalev Stoicescu, chairman of the National Defense Committee, said that this is undoubtedly a violation of some rights, but it is justifiable, as it affects the public interest in strengthening the defense and security of the country. Kaido Künnapas, a lawyer and member of the Defense League, pointed out that
personnel must act appropriately and should not be allowed to abuse their power.
The current draft law is interpreted very broadly. He said that a person can be detained to check whether they pose a threat, but this is a very broad concept, and the lawyer emphasized that if the implementation of the law crosses any boundaries, it could harm the reputation of the EDF and the Defense League.
Künnapas illustrated the idea by citing as an example a situation where a tourist observes the architecture of the Ministry of Defense building and wants to take a picture of the building, but is detained and questioned. In such a case, it would be difficult to explain that the person was in a protected area.
The draft law will be considered in its first reading next week.
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