Estonia/ Tallinn Circuit Court / 1-21-1474
Country
Estonia
Year
2024
Decision/ruling/judgment date
Tuesday, March 26, 2024
Incident(s) concerned/related
Discrimination
Related Bias motivation
Racial or ethnic origin
Groups affected
Other
Court/Body type
National Court
Court/Body
Tallinn Circuit Court /Tallinna Ringkonnakohus
Key facts of the case
The complainant, released early from prison, violated multiple probation conditions: failing to live at the designated address, not attending scheduled appointments, and using illegal drugs. The court revoked his early release, returning him to prison.
Main reasoning/argumentation
The court found the complainant’s violations serious and deliberate, showing a lack of remorse and willingness to comply with probation. His explanations for non-compliance were deemed insufficient. Therefore, the court revoked his early release.
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
The case highlights the importance of complying with probation conditions. Failure to comply, especially repeated and intentional violations, can lead to revocation of early release. The court's interpretation focuses on assessing the seriousness of the violations and the offender's attitude.
Results (sanctions, outcome) and key consequences or implications of the case
The complainant’s early release was revoked. He was returned to prison to complete his original sentence. This emphasizes the consequences of non-compliance with court-ordered probation.
Key quotation in original language and its unofficial translation into English with reference details
Samas ringkonnakohtule esitatud kaebuses on ta uuesti avaldanud, et kuivõrd ta on moslem, ei sobi See programm talle. See annab üksnes tunnistust sellest, et K.R. annab läbimõtlematult lubadusi, mida ta ilmselt täita ei plaani ning seda üksnes selleks, et vältida vangistust. (Para 10).
"At the same time in his appeal to the district court he has again expressed that as he is a Muslim it is not appropriate program for him. This only proves that K. R. gives without thinking promises that he apparently does not plan to keep and only to avoid imprisonment. "
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