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Estonia / Court Ruling of the Harju County Court / 1-17-3604-/5

Country

EstoniaEstonia

Title

Estonia / Court Ruling of the Harju County Court / 1-17-3604-/5

View full Case

Year

2017

Decision/ruling/judgment date

Thursday, May 25, 2017

Crime type(s) concerned/related

Physical violence

Related hate bias motivation

Nationality

Groups affected

Third country nationals

Court/Body type

National court

Court/Body

Harju County Court (Harju Maakohus)

Key facts of the case

The Harju County Court convicted a man for attacking and beating a male Pakistani citizen at a sports club. The victim suffered external injuries on the face, neck, arms and legs, but ambulance was not required. The fight was witnessed by the victim’s partner and one of the sports club's members. The perpetrator attacked the victim, pushed the victim down to the couch in the lobby and beat him on the head, arms and legs with fists and legs, causing physical pain and minor physical injuries such as scratches.

Main reasoning/argumentation

Revo Pehlak is accused of attacking another client on 8 December 2016 at the lobby of Zelluloosi sports club, violating requirements for public conduct: it is prohibited in a public place to behave in a manner which disturbs or endangers another person and above all to hit or shove another person, fight, throw things at another person or an animal or item by endangering them, or behave violently in another manner or to insult, intimidate or threaten another person by words, gestures or otherwise, and public place is a territory, building, room or a part thereof given to an unspecified number of persons for use or used by an unspecified number of persons, and also a public transport vehicle.

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

None that are applicable to the subject of the information request.

Results (sanctions, outcome) and key consequences or implications of the case

The court convicted Revo Pehlak with imprisonment for 1 year and exclude Revo Pehlak from imprisonment conditionally if Revo Pehlak does not commit a new, deliberate crime during a probation period of 2 years. The trial period of Revo Pehlak started from the moment when the judgment was pronounced on 25 May 2017. Prohibition of leaving the place of residence imposed on Revo Pehlak to be cancelled when the judgment enters into force.

Key quotation in original language and translated into English with reference details

"Seega Revo Pehlak pani toime avalikus kohas käitumise üldnõuete rikkumise, mis on toime pandud vägivallaga s.o KarS § 263 lg 1 p 1 järgi kvalifitseeritava kuriteo."

English translation (unofficial): "Thus, Revo Pehlak commited a violation of the general conduct of public place conduct, which has been committed with violence, that is to say, a criminal offence under Article 263 (1) 1) of the Penal Code."

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.