Estonia plans to seize crime proceeds without convictions

Estonia plans to change its laws with other European Union countries to allow assets obtained through crime to be confiscated without a criminal conviction, ERR reports. A court would first have to establish that the assets came from criminal activity.

The measure could apply when a suspect is seriously ill, evades legal proceedings or the alleged offence has become time-barred. Officials have cited cases similar to those involving former Tallinn mayor Edgar Savisaar and the lengthy corruption trial involving Tallinn Port.

About six years ago, Estonia’s Supreme Court ended proceedings against Savisaar, who had been accused of corruption, after finding that his illness was so serious he would be unable to serve a sentence even if convicted. In the Tallinn Port case, the court did not convict anyone, ruling that the alleged corruption offences had become time-barred.

Justice and Digital Affairs Ministry official Andreas Kangur said that under the proposed process, authorities would have to prove the origin of the assets and show they were obtained through crime. He said the aim was to prevent criminal proceeds from remaining with people who may have benefited from them when proceedings end without a conviction.

The presumption of innocence is protected by both the European Convention on Human Rights and Estonia’s constitution. Kangur said people whose assets are confiscated without a conviction must not be described as criminals, even by implication. He said the European Court of Human Rights had found that confiscation can be compatible with the convention as long as the person is not directly labelled a criminal.

Chief State Prosecutor Alar Lehesmets said similar measures already exist in several European countries, including Belgium, the Netherlands and France, and have been in place in Sweden for several years. He said Estonia was not pioneering the approach but was catching up with other countries.

Estonia is working to implement an EU directive on asset confiscation and is already behind schedule. The agreement with other member states set a deadline for adopting the law by the end of November. Kangur said some of the proposed solutions, though accepted in several European countries, remain controversial in Estonia.