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Estonia / Supreme Court, Constitutional Review Chamber / 3-4-1-24-15

Raivo Paala v Estonia

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Court (Constitutional Review Chamber)
Type:
Decision
Decision date:
07/07/2015

Key facts of the case:

Raivo Paala was convicted of tax fraud. In the decision of 10 January 2011, the court established that he committed the crime together with his brother A.P. (who died on 12 May 2005). Raivo Paala made an individual complaint on behalf of his dead brother and wanted his name to be removed from the judgments concerning the conviction of Raivo Paala. The Supreme Court returned the application without a substantive judgment as there were not legal grounds for such an appeal in the Estonian legal system.

Paivo Paala referred to art. 48 (1) of the Charter together with the relevant provision of the ECHR and the Constitution as giving an extraordinary right for such an individual complaint. The national legislation does not grant the right for such a complaint and the Supreme Court has accepted the right to individual complaint only in a few rare cases where the violation of basic rights had been continuing and when there were no other possible legal measures available.

Outcome of the case:

The appeal was returned to the applicant without a substantive decision.