Obligation to leave and forbidden to leave the country

Obligation to Leave and Prohibition on Entry Act

Passed 21 October 1998 (consolidated text April 2004)

(RT¹ I 1998, 98/99, 1575; consolidated text RT I 2001, 68, 407),entered into force 1 April 1999, amended by the following Acts:

09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369;

14.04.2004 entered into force 01.05.2004 - RT I 2004, 30, 208;

14.04.2004 entered into force 01.05.2004 - RT I 2004, 28, 189;

15.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 65;

18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21;

20.11.2002 entered into force 01.05.2004 - RT I 2002, 102, 599;

19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375;

05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336.

Chapter 1

General Provisions

§ 1. Scope of application of Act

(1)        This Act provides the bases and procedure for the application to aliens of the obligation to leave Estonia and the prohibition on entry into Estonia.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(1¹)      This Act applies to the citizens of the Member States of the European Union, citizens of the member states of the European Economic Area and the Swiss Confederation and their family members to the extent provided for in the Citizen of the European Union Act.

(14.04.04 entered into force 01.05.04 - RT I 2004, 28, 189)

(2)        The provisions of the Administrative Procedure Act (RT I 2001, 58, 354; 2002, 53, 336; 61, 375) apply to administrative proceedings prescribed in this Act, taking account of the specifications provided for in this Act. The provisions of the Administrative Procedure Act do not apply to proceedings of application of a prohibition on entry.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

§ 2. Legal bases for aliens to stay in Estonia

(1)        A legal basis must exist for an alien to stay in Estonia. Aliens are prohibited from staying in Estonia without a legal basis.

(2)        The legal bases for an alien to stay in Estonia (hereinafter bases for stay) are provided for in the Aliens Act (RT I 1993, 44, 637; 1999, 50, 548; 54, 582; 71, 686; 88, 808; 101, 900; 2000, 25, 148; 33, 197; 40, 254; 2001, 16, 68; 58, 352; 68, 407; 2002, 56, 351; 63, 387; 90, 521; 102, 599; 2003, 4, 20).

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 3. Obligation to leave

(1)        Obligation to leave is the obligation of an alien to leave Estonia which arises directly from law or from administrative legislation passed on the basis of law.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

(2)        An alien is required to leave Estonia if expressly provided by law, if his or her basis for stay expires and is not extended, and if he or she has no other basis for stay.

(3)        An alien who is required to leave Estonia pursuant to law shall leave Estonia within the period of validity of his or her basis for stay.

§ 4. Precept

(1)        A precept is an administrative act which imposes on an alien staying in Estonia without any basis for stay an obligation to leave Estonia or to legalise his or her stay in Estonia in the cases and pursuant to the procedure provided for in this Act.

(2)        An alien is required to comply with a precept within the shortest possible period.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 5. Expulsion

Expulsion is the enforcement of an obligation to leave in the cases and pursuant to the procedure provided by law.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 6. Prohibition on entry

Prohibition on entry is a preventive measure, the aim of which is to prevent undesirable aliens from entering Estonia and staying in Estonia.

Chapter 2

Precept

§ 7. Precept to leave

(1)        A precept to leave Estonia (hereinafter precept to leave) shall be issued to an alien who is staying in Estonia without a basis for stay.

(2)        A precept to leave shall include a warning of compulsory execution of the precept upon failure to comply with the precept.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(3)        If an alien fails to comply with a precept to leave due to good reason independent of the alien and proved by him or her, compulsory execution shall not be imposed until the good reason ceases to exist. The processing of the basis of stay of the alien or an application for the extension thereof does not constitute good reason.

(4)        A precept to leave need not be issued to an alien who leaves Estonia within seventeen days as of the expiry of the basis of stay.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 8. Terms for compulsory execution of precept to leave

(1)        A precept to leave issued to an alien who is staying in Estonia without a basis for stay shall be subject to compulsory execution after the seventeenth day as of the date of issue of the precept.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(2)        A precept to leave issued to an alien who is staying in Estonia without a basis for stay, whose residence permit is revoked or whose residence permit has expired shall be subject to compulsory execution after the sixtieth day as of the date of issue of the precept.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

§ 9. Precept to legalise

(1)        A precept imposing an obligation to apply for a residence permit pursuant to the established procedure in order to legalise the stay in Estonia (hereinafter precept to legalise) shall be issued to an alien who is staying in Estonia without a basis of stay and who:

1)         (Repealed -18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

2)         is of Estonian origin;

3)         settled in Estonia before 1 July 1990 and has not left Estonia to reside in another country and whose continued stay in Estonia does not damage the interests of the Estonian state.

(2)        A precept to legalise shall include a warning to impose penalty payment on the alien upon failure to comply with the precept. The amount of penalty payment shall be indicated in the warning. The upper limit of penalty payment is 10 000 kroons.

(3)        A precept to legalise shall also be deemed to be complied with if the alien leaves Estonia.

(4)        A precept to legalise shall not be issued to an alien specified in subsection (1) of this section whose residence permit or an application for the extension thereof is being processed until a decision is made in respect of his or her residence permit or the application for the extension thereof.

(5)        A precept to legalise need not be issued to an alien who leaves Estonia within seventeen days as of the expiry of the basis of stay.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(6)        A precept to leave shall be issued to an alien specified in clause (1) 3) of this section if it is necessary to ensure the protection of public order, national security, public health or moral standards, or to prevent a criminal offence, or if an alien is refused issue or extension of a residence permit, or a residence permit is revoked. A precept to leave shall be issued to an alien specified in clause (1) 2) of this section if it is necessary to protect national security or to prevent an offence.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21; 09.06.2004 entered into force 07.08.2004 - RT I 2004, 53, 369)

§ 10. Ensuring compliance with precept

(1)        In order to ensure compliance with a precept, the Citizenship and Migration Board may, by a precept or a decision, require an alien to comply with surveillance measures and to make a penalty payment.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(2)        Surveillance measures are:

1)         residing in a determined place of residence;

2)         appearing for registration at the Citizenship and Migration Board at prescribed intervals;

3)         appearing at the Citizenship and Migration Board to establish circumstances ensuring compliance with a precept;

4)         notifying the Citizenship and Migration Board of changes of residence of the alien and of his or her prolonged absence from the place of residence;

5)         notifying the Citizenship and Migration Board of changes in the alien’s marital status.

(3)        A police officer or an official of the Citizenship and Migration Board has the right to check that an alien is residing in the determined place of residence.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(4)        Penalty payment shall be imposed after the ninetieth day as of the date of issue of a precept.

(5)        Penalty payment shall be imposed pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act (RT I 2001, 50, 283; 94, 580) unless otherwise provided by this Act. Penalty payment may be applied again after the ninetieth day as of the date of the previous enforcement order issued to impose penalty payment.

(6)        Border guard authorities shall notify the Citizenship and Migration Board of the departure from the country of aliens who stayed in Estonia without any basis for stay pursuant to the procedure established by the Minister of Internal Affairs.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 11. Procedure for issue of precept

(1)        Precepts shall be issued by the Citizenship and Migration Board.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(2)        (Repealed - 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(3)        Upon the issue of a precept, the following information on the alien shall be processed:

1)         personal data;

2)         circumstances of entry into Estonia;

3)         social and family ties in Estonia and foreign states;

4)         circumstances which are the basis for the issue of the precept;

5)         the existence of means of subsistence.

(3¹)      If issue or extension of a residence permit is refused to an alien or the residence permit of an alien is revoked, a precept to leave may be issued in the decision on the refusal to issue or extend the residence permit or revocation of the residence permit respectively, unless a valid precept to leave has been issued to the alien.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(3²)      Before the issue of a precept, an alien shall be notified of issue of the precept and the possibility to provide his or her opinion and objections shall be granted. The notification obligation is deemed to be complied with also if the notice is forwarded to the Citizenship and Migration Board to the address indicated by the alien.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(4)        If necessary, an alien is called to be present at the issue of a precept by a written notice. The notice shall be delivered to the alien against a signature or forwarded by post with advice of delivery. If an alien who is called to be present at the issue of a precept fails to appear for the issue of the precept, compelled attendance by a police escort may be imposed on the alien.

(5)        A precept shall be prepared in writing and shall set out the time and place of issue of the precept, the official title, given name and surname of the official who issues the precept, the given name, surname and date and place of birth of the alien, the date and place of issue of his or her identity document or travel document, his or her country of nationality or country of habitual residence, his or her place of residence, the obligation imposed on the alien by the precept, a warning regarding the consequences of failure to comply with the precept, surveillance measures to be applied, the factual circumstances which are the basis for the issue of the precept, and applied legislative or regulatory provisions and a reference to the possibilities and place of and terms and procedure for the contestation of the precept. The official who issues the precept shall sign the precept.

(6)        A precept shall be delivered to an alien against a signature or by post. The precept is deemed to be complied with also if it is forwarded to the address known to the Citizenship and Migration Board.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(7)        In the case specified in subsection (3¹) of this Act, a precept is deemed to have been delivered to an alien in connection with communication of a decision on the refusal to issue or extend the residence permit or revocation of the residence permit.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(8)        The Citizenship and Migration Board shall, if possible and in accordance with the standard format established by the Minister of Internal Affairs, enter a notation concerning the issue of a precept in the travel document of an alien which the alien uses to cross the border.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(9)        Upon making a decision specified in subsection 10 (1) of this Act, the provisions of subsections (1)-(6) of this section apply.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

§ 12. Issue of precept to minors

(1)        If an alien to whom a precept is issued is accompanied in Estonia by his or her minor alien child or alien ward (hereinafter minor) and if the minor does not have a basis for stay in Estonia, an obligation to organise compliance with the precept with respect to the minor shall be imposed by the same precept on the parent, guardian or other person responsible for the minor (hereinafter parent).

(2)        A precept is issued to a minor staying in Estonia without a parent and compliance therewith shall be organised by a guardianship authority.

(3)        The provisions of subsections (1) and (2) of this section concerning minors also apply to adults with restricted active legal capacity.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 05.06.2002 entered into force 01.07.2002 - RT I 2002, 53, 336)

§ 13. Validity and contestation of precept

(1)        A precept shall be valid as of the date of communication of the precept until the obligation imposed on an alien by the precept is performed or until basis for stay in Estonia is obtained.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(2)        The Citizenship and Migration Board shall declare a precept invalid if basis for the issue of the precept ceases to exist.

(3)        An appeal against a decision to issue a precept or a decision made to ensure compliance with a precept may be filed with an administrative court pursuant to the procedure provided for in the Code of Administrative Court Procedure (RT I 1999, 31, 425; 96, 846; 2000, 51, 321; 2001, 53, 313; 58, 355; 2002, 29, 174; 50, 313; 53, 336; 62, 376; 2003, 13, 67) within ten days as of the date of notification of the precept or decision.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

Chapter 3

Expulsion

§ 14. Bases for expulsion

(1)        An alien shall be expelled from Estonia upon expiry of the term for compulsory execution of a precept to leave.

(2)        An alien may be expelled with the permission of an administrative court prior to expiry of the term for compulsory execution of a precept to leave or expiry of the term for contestation thereof or without a previous precept if it is necessary to ensure the protection of public order, security, health or moral standards, or to prevent an offence and upon failure to comply with the surveillance measures provided for in subsection 10 (2) of this Act. An administrative court shall grant permission pursuant to the procedure provided for in Chapter 4 of the Code of Administrative Court Procedure.

(3)        An alien who entered Estonia illegally may be expelled without issuing a precept and without the permission of an administrative court.

(3¹)      A prisoner who is an alien and who has no residence permit shall be expelled from Estonia upon release or release on parole before the prescribed time without issuing a precept and without the permission of an administrative court.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(3²)      An alien who is staying in Estonia without a basis for stay may be expelled without issuing a precept and without the permission of an administrative court upon expiry of his or her visa-free period of stay permitted on the basis of an agreement on visa-free travel between states, other international agreement or a resolution of the Government of the Republic to forego the visa requirement.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(4)        Expulsion shall not be applied if:

1)         a precept is annulled or declared invalid or it has expired;

2)         expulsion is no longer possible;

3)         expulsion is prohibited pursuant to this Act.

(15.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 65)

(5)        Expulsion shall be suspended:

1)         if a court suspends compulsory execution of a precept to leave;

2)         in the case provided for in subsection 7 (3) of this Act.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 14¹. Receipt of documents for deposit

(1)        In order to ensure the performance of the obligation to leave, the travel document and identity document of an alien who is staying in Estonia without a basis for stay may be received for deposit by a police officer, border guard official or official of the Citizenship and Migration Board.

(2)        The provisions of the Identity Documents Act (RT I 1999, 25, 365; 2000, 25, 148; 26, 150; 40, 254; 86, 550; 2001, 16, 68; 31, 173; 56, 338; 2002, 61, 375; 63, 387; 90, 516; 2003, 13, 65; 15, 87; 78, 527; 2004, 2, 4; 28, 189) apply to receipt of documents for deposit.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 15. Expulsion order

(1)        Upon existence of a basis for expulsion provided for in subsections 14 (1)-(3), (3¹) or (3²) of this Act, a border guard official, an official of the Citizenship and Migration Board or a police officer shall detain the alien and organise the alien's departure from Estonia.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(2)        In the case specified in subsection 14 (2) of this Act, the application shall be submitted to an administrative court by a border guard official, an official of the Citizenship and Migration Board, a police officer or a security police officer.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(3)        (Repealed - 18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(4)        The Citizenship and Migration Board shall process the following data concerning an alien who is subjected to expulsion (hereinafter person to be expelled) with the aim of ensuring enforcement of the expulsion:

1)         personal data;

2)         circumstances of entry into Estonia;

3)         social and family ties in Estonia and foreign states;

4)         circumstances which are the basis for expulsion;

5)         the existence of means of subsistence.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

(5)        A governmental authority which organises expulsion shall forward the information specified in subsection (4) of this section to the Citizenship and Migration Board pursuant to the procedure established by the Minister of Internal Affairs.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 16. Contestation of expulsion

(1)        Expulsion may be contested pursuant to the procedure provided for in the Code of Administrative Court Procedure. The contestation of expulsion shall not postpone expulsion for the time of judicial proceedings.

(2)        After expiry of the term for contestation of a precept for the compulsory execution of which expulsion is applied, expulsion cannot be contested based on the unlawfulness of the precept.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 17. Admitting country

(1)        A person to be expelled shall be expelled to the state from which he or she arrived in Estonia, to the country of his or her nationality or to his or her country of habitual residence, or to a third state with the consent of the third state. If there is more than one option, the reasoned preference of the person to be expelled shall be the primary consideration, if such preference does not significantly impede enforcement of the expulsion.

(2)        (Repealed - 15.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 65)

§ 17¹. Prohibition on expulsion

(1)        An alien may not be expelled to a state to which expulsion may result consequences specified in Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms (RT II 2000, 11, 57) or Article 3 of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (RT II 1994, 14/15, 44), or the application of death penalty.

(2)        The expulsion of an alien shall comply with Articles 32 and 33 of the United Nations Convention relating to the Status of Refugees (together with the Protocol relating to the Status of Refugees of 31 January 1967) (RT II 1997, 6, 26).

(15.01.2003 entered into force 01.05.2003 - RT I 2003, 13, 65)

§ 18. Term for expulsion

(1)        Expulsion shall be completed within forty-eight hours after the alien is detained.

(2)        (Repealed - 09.060,2004 entered into force 07.08.04 - RT I 2004, 53, 369)

(3)        A person to be expelled who is a suspect, an accused or an accused at trial in a criminal matter shall be expelled within forty-eight hours after completion of the proceedings or the entry into force of a court judgment. In the case of an appeal against a court judgment, a person to be expelled shall be expelled within forty-eight hours after the return of the appeal or the entry into force of a judgment of a higher court. Until the completion of the proceedings or the making of a judgment, the preventive measures provided for in the Code of Criminal Procedure (ENSV ÜT² 1961, 1, 4 and appendix; RT I 2000, 56, 369, 75, correction notice; 84, 533; 86, 542; 2001, 3, 9) shall be applied with regard to a person to be expelled, or the person to be expelled shall be placed in an expulsion centre on the basis of a judgment of an administrative court judge.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(4)        If a person to be expelled is being punished by detention or imprisonment, or if an alien who is detained or imprisoned is to be expelled, expulsion shall be completed within forty-eight hours after the detention or imprisonment has been served.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 19. Detention and transportation to border checkpoint of person to be expelled

(1)        Until the completion of expulsion, aliens shall be detained for the terms provided for in § 18 of this Act in the offices of the Border Guard, Citizenship and Migration Board or police authorities, police detention houses or expulsion centres without application of the provisions of Chapters 4 and 4¹.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21; 09.06.2004 entered into force 07.08.2004 - RT I 2004, 53, 369)

(2)        An administrative court judge may extend the terms provided for in § 18 of this Act by up to three days and grant permission for the detention of an alien during such term.

(2¹)      The travel document and identity document of a person to be expelled shall be received for deposit for the time of detention of the person.

(14.04.04 entered into force 01.05.04 - RT I 2004, 28, 189)

(3)        The procedure for transportation to a border checkpoint of persons to be expelled and the competence of the governmental authorities enforcing expulsion in the performance of activities provided for in this Act shall be established by the Minister of Internal Affairs.

(4)        In order to guarantee expulsion, a competent police officer, border guard official or official of the Citizenship and Migration Board may enter a notation concerning expulsion in the travel document of an alien.   The format of such notation shall be established by the Minister of Interior Affairs.”

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 19¹. Conduct of search of persons to be expelled upon detention

(1)        Upon the detention of a person to be expelled, the person and his or her personal effects shall be searched. A person to be expelled person shall be searched by an official of the same sex.

(2)        Documents, money, valuables and prohibited articles found in the course of a search shall be received for deposit for the time of detention.

(3)        Prohibited articles are items and substances which are not allowed in commerce and which may present a risk to the person to be expelled himself or herself or to other persons, or items and substances the holding of which is not permitted by the internal rules of the office of the Border Guard Administration, Citizenship and Migration Board or police authority, police detention house or expulsion centre.

(4)        Items and substances which are not allowed in commerce or in the detention house shall be handled pursuant to the procedure provided by law.

(5)        Items received for deposit upon detention shall be recorded in a report.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 19². Use of weapons and special equipment upon detention and convoying to border of persons to be expelled

(1)        Upon detention of a person to be expelled or convoying such person to the border, a police officer has the right to use, pursuant to the procedure provided for in the Police Act (RT 1990, 10, 113; 1991, 10, 152; RT I 1993, 20, 355; 1994, 34, 533; 40, 654; 86/87, 1487; 1995, 62, 1056; 1996, 49, 953; 1998, 50, 753; 51, 756; 2001, 7, 17; 65, 377; 85, 511; 2002, 56, 350; 2003, 20, 116; 81, 544; 2004, 28, 188), and a border guard official has the right to use pursuant to the procedure provided for in the Border Guard Act (RT I 1994, 54, 903; 1995, 62, 1056; 2001, 65, 377; 88, 531; 2002, 42, 267; 57, 354; 2003, 20, 116; 90, 601; 2004, 28, 188) physical force, self-defence or special equipment, or weapons against the person to be expelled.

(2)        Upon detention of a person to be expelled or convoying such person to the border, an official of the Citizenship and Migration Board has the right to use physical force, self-defence or special equipment specified in subsection 26 ¹⁷ (1¹) of this Act, handcuffs, truncheons or gas weapons against the person to be expelled if the person to be expelled fails to obey the lawful orders of the official of the Citizenship and Migration Board or offers resistance, or if there is good reason to believe that the person may escape, or cause damage to other persons or to himself or herself.

(09.06.04 entered into force 01.01.05 - RT I 2004, 53, 369)

§ 20. Expulsion activities at border checkpoint

(1)        A notation with regard to crossing the border shall be entered in the travel document of a person to be expelled at a border checkpoint, and the alien shall be sent to a foreign state or handed over to a representative of the admitting country.

(2)        A border representative of the Republic of Estonia, a border representative of the admitting country, an official of the Ministry of Foreign Affairs and a representative of the admitting country may be present when expulsion activities are performed at a border checkpoint.

(3)        A person to be expelled who is suspected or convicted of a criminal offence shall be handed over at a border checkpoint at the request of a foreign state and pursuant to the procedure provided for in an international agreement.

§ 21. Expulsion of minors

The expulsion of a minor shall be organised in co-ordination with the competent state agencies of the admitting country and, if necessary, of the transit country and protection of the rights of the minor shall be ensured.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 22. Readmission of person to be expelled

If the admitting country refuses to admit a person to be expelled or if other circumstances impeding the completion of expulsion become evident during the transportation to a border checkpoint of the person to be expelled or at the border checkpoint, the person to be expelled shall be detained by way of administrative procedure until the completion of his or her expulsion or until he or she is placed in an expulsion centre, but the person to be expelled shall not be detained for longer than forty-eight hours.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 22¹. (Repealed - 18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

Chapter 4

Detention in Expulsion Centre

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 23. Placement in expulsion centre

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(1)        If it is not possible to complete expulsion within the term provided for in this Act, the person to be expelled shall, at the request of the governmental authority which applied for or which is enforcing the expulsion of the alien and on the basis of a judgment of an administrative court judge, be placed in an expulsion centre until his or her expulsion, but for not longer than two months.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(1¹)      A person to be expelled who is to be placed in an expulsion centre may be detained in a police detention house for up to thirty days instead of an expulsion centre.  The conditions of execution of detention specified in the Imprisonment Act (RT I 2000, 58, 376; 2002, 84, 492; 90, 521; 2003, 4, 20; 20, 116; 26, 157; 58, 387; 78, 524)  apply to detention in police detention houses.

(14.04.04 entered into force 01.05.04 - RT I 2004, 28, 189)

(2)        (Repealed - 06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

(3)        (Repealed - 06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 24. Release from expulsion centre

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(1)        If enforcement of the expulsion of an alien who is staying in an expulsion centre becomes possible, the alien shall be released from the expulsion centre and shall be expelled at the request of the governmental authority enforcing the expulsion pursuant to the procedure provided for in this Act.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(2)        If a person to be expelled is taken into custody as a suspect or an accused in a criminal matter, he or she shall be released from the expulsion centre on the basis of the ruling to take him or her into custody.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(3)        If a precept is annulled or declared invalid or a decision is made to grant an alien the basis for stay, the alien shall be released from the expulsion centre on the basis of the decision to annul the precept or to declare it invalid or to grant the basis for stay.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(4)        The Citizenship and Migration Board shall immediately notify the alien and the expulsion centre of the annulment of a precept or the declaration of a precept invalid or the grant of basis for stay in Estonia.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 25. Extension of term for detention in expulsion centre

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

If it is impossible to enforce expulsion within the term of detention in an expulsion centre, an administrative court shall, at the request of a competent official of the Citizenship and Migration Board, extend the term of detention in the expulsion centre of a person to be expelled by up to two months at a time until expulsion is enforced or until the alien is released pursuant to subsections 24 (2) or (3) of this Act.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26. Making of judgment

(1)        Judgments concerning the detention of persons to be expelled and extension of the term of detention shall be made by an administrative court pursuant to the procedure provided for in Chapter 4 of the Code of Administrative Court Procedure.

(2)        Placement in an expulsion centre and extension of the term of detention in the expulsion centre shall be decided in a court session.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352; 18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

Chapter 4¹

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

Expulsion Centre

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹. Expulsion centre

(1)        Expulsion centres are structural units of the Citizenship and Migration Board the function which is to enforce the judgments on the detention of persons to be expelled.

(2)        An expulsion centre is a guarded enclosed territory which is marked by clearly visible signs and which enables constant supervision of persons to be expelled.

(3)        Supervision of persons to be expelled shall be organised such that detention of the persons to be expelled, compliance with the internal rules of the expulsion centre and security in the expulsion centre are ensured.

(4)        Officials of an expulsion centre shall exercise supervision over persons to be expelled by visual and electronic surveillance.

(5)        Persons to be expelled shall not leave an expulsion centre without supervision and without the permission of the head of the expulsion centre.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26². Reception into expulsion centre

(1)        A person to be expelled shall be received into an expulsion centre on the basis of a transcript of the judgment of an administrative court and an identity document or, in the absence thereof, an identification document.

(2)        Upon reception into an expulsion centre, an agency which detained the alien shall transfer the information and documents concerning the person to be expelled which are in the possession of the agency to the expulsion centre.

(3)        Upon arrival in an expulsion centre, a person to be expelled and his or her personal effects are subject to a search which shall be performed by an official of the expulsion centre who is of the same sex as the person to be expelled. If necessary, a medical examination of the person to be expelled shall be conducted.

(4)        A person to be expelled who has been placed in an expulsion centre shall be photographed and fingerprinted, unless this has been done beforehand in the course of proceedings relating to expulsion.

(5)        Upon reception into an expulsion centre, the cash, documents and personal effects which a person to be expelled has with him or her and the holding of which is not permitted in the expulsion centre shall be deposited with the expulsion centre.

(6)        Upon reception of a person to be expelled into an expulsion centre, the personal file of the person to be expelled shall be opened which includes the documents and information which are the basis for placement of the person to be expelled in the expulsion centre, documents and information transferred to the expulsion centre by the agency which detained the alien, signaletic photographs, a fingerprint card and other documents and information provided for in the internal rules.

(7)        Upon arrival in an expulsion centre, the rights and obligations of a person to be expelled shall be explained to him or her in a language which he or she understands and, at the request of the person to be expelled, legal aid and language services shall be organised for him or her at his or her expense.

(8)        A person to be expelled shall be given written information concerning legislation regulating the enforcement of his or her expulsion, the internal rules of the expulsion centre and the submission of complaints.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26³. Temporary absence from expulsion centre

A person to be expelled may stay outside an expulsion centre under supervision and with the permission of the head of the expulsion centre if this is unavoidably necessary.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21; 09.06.2004 entered into force 07.08.2004 - RT I 2004, 53, 369)

§ 26⁴. Obligation of persons to be expelled to co-operate

(1)        A person to be expelled is required to co-operate in the organisation of expulsion, among other:

1)         to provide governmental authorities enforcing expulsion with oral and written information and explanations;

2)         to submit all information and documents and other evidence in his or her possession which are relevant to the proceedings relating to expulsion;

3)         to co-operate in the obtainment of the documents necessary for expulsion;

4)         to co-operate in the collection of information needed for identification of his or her person, and for verification purposes.

(2)        The obligation to co-operate specified in subsection (1) of this section also extends to the representative of the person to be expelled in the proceedings relating to expulsion.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26⁵. Accommodation of persons to be expelled

(1)        An expulsion centre has a residential building with rooms for the accommodation of persons to be expelled.

(2)        Male and female persons to be expelled shall be accommodated in separate rooms.

(3)        If possible, family members shall be accommodated together.

(4)        A minor shall be accommodated separately from adult persons to be expelled except if this is evidently in conflict with the interests of the minor.

(5)        According to an order of the head of an expulsion centre for reasons of security and in order to ensure compliance with the internal rules of the expulsion centre, a person to be expelled may be accommodated separately from the persons to be expelled specified in subsections (2)-(4) of this section.

(6)        Rooms for the accommodation of persons to be expelled shall be in conformity with the requirements of construction technology, health and hygiene. The rooms of persons to be expelled shall have windows to ensure suitable lighting of the rooms.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26⁶. Conditions for detention in expulsion centre

(1)        Persons to be expelled are permitted to move about in the residential building of the expulsion centre in the rooms prescribed by the internal rules from the time of rising until the time of retiring. Persons to be expelled may enter other rooms and move about within the territory of the expulsion centre in the cases and at the time prescribed by the internal rules of the expulsion centre. From the time of retiring until the time of rising, persons to be expelled are required to stay in the rooms prescribed for them which, if necessary, are locked.

(2)        Persons to be expelled shall wear personal clothing. If a person to be expelled lacks suitable clothing, the expulsion centre shall provide the person to be expelled with clothing without charge. Persons to be expelled are required to wear a name tag attached to their clothing.

(3)        A person to be expelled is required to clean, keep in order and regularly change his or her clothing.

(4)        Persons to be expelled are provided with an opportunity to satisfy their religious needs if the expulsion centre has possibilities therefor and this is not in conflict with the provisions of the internal rules.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26⁷. Provision of food for persons to be expelled

(1)        The provision of food for persons to be expelled shall be organised in conformity with the general dietary habits of the population of Estonia with a view to meet the food requirement necessary for survival.

(2)        Food shall be provided on a regular basis and it shall be such as to meet the requirements of food hygiene.

(3)        The provision of food for minors shall be organised taking into consideration the needs resulting from their age.

(4)        As far as possible, persons to be expelled are permitted to observe the dietary habits of their religion at their expense.

(5)        The person who ensures the provision of medical care in an expulsion centre shall supervise the preparation of the menu of the expulsion centre and the provision of food at the expulsion centre.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26⁸. Health of persons to be expelled

(1)        Persons to be expelled must take care of their personal hygiene. At least once a week and upon reception into an expulsion centre, persons to be expelled shall be provided with an opportunity to use a sauna, bath or shower. Once a month, hairdressing and barber's services shall be provided for persons to be expelled.

(2)        On the command of the head of an expulsion centre, coercion may be imposed to ensure compliance with hygiene requirements if a person to be expelled fails to take care of his or her personal hygiene to a necessary extent and this has brought about actual danger to his or her health or to the health of other persons to be expelled. The imposition of coercion shall not endanger the life or health of a person to be expelled.

(3)        Toiletries shall be provided for a person to be expelled by an expulsion centre if the person to be expelled does not have these or funds to acquire these.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26⁹. Provision of medical care to persons to be expelled

(1)        Emergency medical care shall be ensured for persons to be expelled.

(2)        Expulsion centres shall have permanent treatment facilities for the supervision of the state of health of persons to be expelled.

(3)        Health services in expulsion centres are provided by persons with family physician's qualifications pursuant to the provisions regulating the provision of specialised out-patient care.

(4)        Persons specified in subsection (3) of this section are required to supervise the state of health of persons to be expelled on a constant basis and place them in treatment in the Central Hospital of Prisons if the state of health of the persons do not allow their detention in the expulsion centre or expulsion from Estonia.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(5)        The in-patient treatment of persons to be expelled placed in expulsion centres shall be conducted under supervision in the Central Hospital of Prisons.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(6)        The medical expenses of emergency services and treatment of persons to be expelled provided by the persons specified in subsection (3) of this section in the General Hospital of Prisons shall be paid from the state budget.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 26¹⁰. Visiting of persons to be expelled

(1)        Visits by the following are allowed for persons to be expelled:

1)         consular officers of the country of nationality;

2)         legal counsels;

3)         ministers of religion with regard to whose reputation the head of the expulsion centre has no reasoned doubts.

(2)        With the permission of the head of an expulsion centre, a person to be expelled may allowed to receive short-term supervised visits of personal, legal or commercial interest from persons not specified in subsection (1) of this section in matters which the person to be expelled cannot conduct through third persons, unless the visits impede enforcement of the expulsion. Persons to be expelled are permitted to receive visits only from persons with regard to whose reputation and motives the head of the expulsion centre has no reasoned doubts.

(3)        Officials of an expulsion centre have the right to search the person who is permitted to visit a person to be expelled, and the personal effects of the visitor. It is prohibited to review the content of the written material brought along by legal defence counsel. The search shall be conducted by an official of the same sex as the visitor. Items the holding of which is prohibited in an expulsion centre shall be temporarily deposited during the duration of the visit.

(4)        Persons to be expelled shall be visited pursuant to the procedure, at the times and in rooms prescribed by the internal rules of the expulsion centre. The duration of visits specified in subsection (2) of this section shall be determined by the head of the expulsion centre and shall not exceed three hours.

(5)        Persons to be expelled shall be visited in the presence of an official of the expulsion centre. Visits from a legal defence counsel or a minister of religion are allowed within sight but not within hearing distance from officials of the expulsion centre.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹¹. Correspondence and use of means of communication by persons to be expelled

(1)        Persons to be expelled have the right of correspondence and the use of telephone and other public communication channels if relevant technical conditions exist in the expulsion centre. Correspondence and the use of telephone and other public communication channels shall be effected pursuant to the procedure provided for in the internal rules of the expulsion centre.

(2)        An official of an expulsion centre shall open letters sent to a person to be expelled in the presence of the person to be expelled and confiscate any items the holding of which in the expulsion centre is prohibited by the internal rules of the expulsion centre.

(3)        The content of the correspondence of a person to be expelled and of messages forwarded by telephone or other public communication channels by or to a person to be expelled may be examined only with the permission of a court and on the bases and pursuant to the procedure provided for in the Surveillance Act.

(4)        The head of an expulsion centre may restrict the correspondence and use of telephone and other means of communication of persons to be expelled if this may violate the internal rules of the expulsion centre or impede enforcement of the expulsion.

(5)        The correspondence of persons to be expelled with state agencies, legal defence counsels, ministers of religion and consular officers of the country of nationality shall not be restricted.

(6)        Costs related to correspondence and the use of telephone and other public means of communication shall be borne by the person to be expelled. For correspondence with Estonian state agencies, legal defence counsels, ministers of religion and consular officers of the country of nationality, a person to be expelled shall be provided with stationery and postal charges shall be covered if the person to be expelled does not have funds therefor.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹². Acquisition of items

(1)        Persons to be expelled may, by the mediation of the expulsion centre, buy foodstuffs, toiletries and other items the holding of which is permitted in the expulsion centre, in an amount and pursuant to the procedure provided for in the internal rules of the expulsion centre.

(2)        Persons to be expelled are permitted to receive packages. An official of the expulsion centre shall examine the content of a package before it is handed over in the presence of the recipient of the package.

(2¹)      It is prohibited to receive food and medicinal products in a package.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(3)        An official of an expulsion centre is required to seize items contained in a package the holding of which is prohibited in the expulsion centre and not hand over such items to the person to be expelled.

(4)        Seized items, except those that cannot be deposited, shall be deposited until release of the person to be expelled from the expulsion centre.

(5)        Seized items that cannot be deposited shall be destroyed pursuant to the procedure prescribed by the internal rules.

(6)        Seized items may be returned to the sender of the package at the expense of the person to be expelled or the sender of the package.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹³. Duties of persons to be expelled

(1)        Persons to be expelled are required to comply with the internal rules of an expulsion centre.

(2)        Upon violation of the internal rules, which endangers other persons to be expelled or officials of the expulsion centre or otherwise endangers the security of the expulsion centre, the security measures provided for in § 26¹⁵ of this Act may be imposed.

(3)        Persons to be expelled are required:

1)         to follow the lawful orders given by officials of the expulsion centre;

2)         not to prevent officials of the expulsion centre from performing their duties;

3)         to allow the performance of acts provided for in this Chapter;

4)         not to disturb other persons in the expulsion centre;

5)         to promptly inform an official of the expulsion centre of all circumstances which may endanger the security or violate internal rules of the expulsion centre or the life or health of the person to be expelled or other persons;

6)         handle the things entrusted to the person to be expelled rationally and keep in order and clean the dwelling and non-work rooms which the person to be expelled uses.

(4)        A person to be expelled is required to bear the costs of expulsion, including transportation costs borne in connection with the expulsion.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹⁴. Search

(1)        In order to detect items which are not permitted, an official of the expulsion centre is, in the case of doubt, required to search a person to be expelled, his or her personal effects, the dwelling and non-work rooms, other rooms and the territory of the expulsion centre. The search of the person to be expelled shall be conducted by an official of the same sex as the person to be expelled.

(2)        Items not permitted which are found in the course of a search shall be deposited or destroyed.

(3)        Documents and cash found in the course of a search shall be deposited and returned to the person to be expelled when he or she is released from the expulsion centre.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹⁵. Security measures

(1)        Security measures are imposed with regard to a person to be expelled who violates the obligations provided for in this Act or the internal rules of the expulsion centre, fails to take care of his or her personal hygiene to a necessary extent and this brings about actual danger to the health of the person to be expelled or to the health of other persons, wilfully damages his or her health or the property of the expulsion centre or is likely to attempt suicide or escape, and to a person to be expelled who act in a violent manner towards other persons.

(2)        The following security measures are permitted:

1)         restriction of the freedom of movement and communication of a person to be expelled;

2)         prohibition to use personal effects;

3)         commission of a person to be expelled in an isolated locked room;

4)         use of means of restraint.

(3)        Imposition of security measures shall be terminated if the need ceases to exist.

(4)        Upon imposition of security measures, a person to be expelled shall be allowed, at his or her request, to be in the open air for at least one hour daily.

(5)        The head of an expulsion centre shall order the imposition of security measures. In case of urgency, a higher official of the expulsion centre currently present shall order the imposition of security measures and shall inform the head of the expulsion centre thereof at the earliest opportunity.

(6)        For the prevention of emergencies, mass disorders and external attacks and for the apprehension of escaped persons to be expelled, a defence plan which is approved by the Director General of the Citizenship and Migration Board with the approval of the Ministry of Internal Affairs shall be developed in an expulsion centre.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹⁶. Use of means of restraint

(1)        A person may be tied up or cuffed or a restraint-jacket may be used as means of restraint provided for in this Act.

(2)        Means of restraint may be also used outside an expulsion centre when a person to be expelled is escorted in order to avoid his or her escape.

(3)        Means of restraint shall not be applied for longer than twelve consecutive hours.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹⁷. Use of firearms and special equipment

(1)        Officials of an expulsion centre may use firearms or special equipment only as a measure of last resort if all the remaining measures are exhausted to prevent the escape of a person to be expelled, to apprehend an escaped person to be expelled, to neutralise an armed or otherwise dangerous person to be expelled or other person staying at the expulsion centre or to prevent attack or the intrusion of other people in the expulsion centre.

(1¹)      The following special equipment may be used at an expulsion centre:

1)         protective helmets;

2)         body armours and other types of bullet proof vests;

3)         ballistic shields and other impact-resistant shields;

4)         face shields against caustic substances;

5)         pepper gas;

6)         special vehicles;

7)         service dogs.

(09.06.04 entered into force 01.01.05 - RT I 2004, 53, 369)

(1²)      The following types of weapon may be used at an expulsion centre:

1)         rubber or other type of truncheons;

2)         firearms.

(09.06.04 entered into force 01.01.05 - RT I 2004, 53, 369)

(2)        It is prohibited to use firearms against women and minors, except in the case where a woman or minor uses firearms to initiate resistance or attacks an official of the expulsion centre or other people.

(3)        The use of firearms shall be preceded by a warning to use a firearm or by a warning shot. The use of firearms without a prior warning or warning shot is permitted only in the case of urgency to prevent imminent and direct attack to the life or health of a person.

(4)        In the case of mass disorders, the Minister of Internal Affairs or, in the case of urgency, a higher official of the expulsion centre currently present shall order the use of firearms and special equipment and shall immediately notify the Minister of Internal Affairs and the Director General of the Citizenship and Migration Board thereof.

(5)        The list of positions in an expulsion centre where the right to carry firearms in the expulsion centre is prescribed shall be established by the Director General of the Citizenship and Migration Board.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26¹⁸. Acts upon release from expulsion centre

(1)        In the cases provided for in § 24 of this Act, a person to be expelled shall be released from an expulsion centre on the basis of an order of the head of the expulsion centre.

(2)        Upon release from an expulsion centre, the items and documents deposited in the expulsion centre shall be returned to the person to be expelled.

(3)        In the case of expulsion, documents and items which may endanger the security of the person to be expelled or officials enforcing expulsion shall be returned to the person to be expelled at a border checkpoint.

(4)        The items and documents of a person to be expelled who is taken into custody shall be handed over to an official who took the person to be expelled into custody.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(5)        In exceptional cases, the head of the expulsion centre has the right to decide to pay a single benefit not exceeding the applicable subsistence limit established on the basis of the minimum consumption expenditure may be paid to a person to be expelled upon his or her release form the expulsion centre if the person lacks financial means. After the person to be expelled is released from the expulsion centre, the amount of such benefit may be collected, pursuant to the provisions of the Aliens Act, from the person to be expelled or the person who invited the him or her to Estonia.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 26¹⁹. Management and liability of expulsion centre

(1)        The work of an expulsion centre is directed by the head of the expulsion centre.

(2)        The head of an expulsion centre shall be liable for compliance with the obligations and the internal rules provided for in this Chapter and for ensuring security in the expulsion centre.

(3)        An official of an expulsion centre shall not disclose any facts which become known to him or her in connection with the performance of his or her duties to persons outside the service, including facts pertaining to the personal relationships of persons to be expelled. The duty to maintain professional secrecy has unspecified term.

(4)        An official of an expulsion centre is required to immediately inform the head of the expulsion centre or, in his or her absence, a higher official of the expulsion centre who is present of violation of the internal rules and of other circumstances which may affect enforcement of the expulsion or security in the expulsion centre.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(5)        The head of the expulsion centre has the right to officially certify the authenticity of a signature of a person to be expelled.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 26²⁰. Performance of functions of expulsion centre

(1)        The Citizenship and Migration Board may transfer the performance of functions of an expulsion centre and of officials of an expulsion centre on the basis of a contract under public law. The functions of the head of an expulsion centre shall not be transferred.

(2)        A person who has assumed the obligation to perform the functions of an expulsion centre on the basis of a contract under public law is required to ensure detention of the persons to be expelled, compliance with the internal rules and security in the expulsion centre in compliance with the requirements.

(3)        Adult Estonian citizens with active legal capacity whose level of Estonian language proficiency is at least intermediate may be used upon performance of functions specified in subsection (2) of this section which are transferred on the basis of a contract under public law. Persons who are serving a sentence for a criminal offence or data concerning whose punishment has not been expunged from the punishment register shall not be used.

(4)        Functions transferred on the basis of a contract under public law shall bring about the rights, obligations and liability provided for in this Act.

(5)        Upon performance of functions transferred on the basis of a contract under public law, a person who has assumed the obligations and the employees thereof may be held liable by way of civil, criminal or administrative procedure on the same basis as officials of an expulsion centre.

(6)        The employees of a person who has assumed the obligation to perform the functions transferred on the basis of a contract under public law are required to follow the lawful commands given by the head of the expulsion centre.

(7)        The Director General of the Citizenship and Migration Board shall exercise supervision over performance of the functions transferred on the basis of a contract under public law.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26²¹. Internal rules of expulsion centre

(1)        The internal rules of an expulsion centre shall be established by the Ministry of Internal Affairs.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(2)        The internal rules of an expulsion centre shall at least provide for the following:

1)         the procedure for moving about in the territory and buildings of the expulsion centre;

2)         the procedure for the exercise of supervision in the expulsion centre;

3)         the procedure for the supervision of persons to be expelled temporarily staying outside the expulsion centre;

4)         the list of personal effects which persons to be expelled may hold in the expulsion centre;

5)         the procedure for admission for deposit of personal effects, cash and identity documents;

6)         the procedure for the examination of the personal file of a person to be expelled by the person to be expelled;

7)         the procedure for the preservation of personal files of persons to be expelled;

8)         the procedure for the submission of complaints.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

§ 26²². Uniform of officials of Citizenship and Migration Board authorised to detain persons and of officials of expulsion centre

Officials of Citizenship and Migration Board authorised to detain persons, and officials of expulsion centre may be provided with uniforms; and the description of and procedure for the wearing of the uniforms and the description of distinguishing marks and procedure for wearing thereof shall be established by a regulation of the Minister of Internal Affairs.

(09.06.04 entered into force 01.01.05 - RT I 2004, 53, 369)

§ 26²³. Administration of medical examinations to and vaccination of officials of expulsion centres

(1)        Medical examinations shall be administered and where needed, vaccination against infectious diseases shall be provided to officials of expulsion centres free of charge.

(2)        The conditions and procedure for medical examinations and vaccination shall be established by a regulation of the Minister of Internal Affairs.

(09.06.04 entered into force 01.01.05 - RT I 2004, 53, 369)

Chapter 5

Prohibition on Entry

§ 27. Period of validity of prohibition on entry

(1)        A prohibition on entry shall be temporary or permanent. A temporary prohibition on entry may have a period of validity of up to ten years.

(2)        The period of validity of a prohibition on entry is a period of time calculated in years or months, within which the legal consequences provided for in § 28 of this Act apply to an alien.

(3)        The period of validity of a prohibition on entry shall commence on the date on which the order to apply the prohibition on entry is made, if the order does not prescribe a later date for the commencement of the period of validity of the prohibition on entry.

(4)        The period of validity of a prohibition on entry shall end upon the expiry thereof or upon revocation of the prohibition on entry.

(19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

§ 28. Legal consequences of prohibition on entry

(1)        An alien with regard to whom a prohibition on entry applies shall not be granted permission to enter Estonia at a border checkpoint.

(2)        An alien with regard to whom a prohibition on entry applies shall not be granted a basis for stay and his or her basis for stay shall not be extended within the period of validity of the prohibition on entry.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(3)        An alien on whom a prohibition on entry is imposed is not permitted to stay in Estonia and the stay of such alien in Estonia is illegal regardless of the existence of a basis for stay.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(3¹)      Upon imposition of a prohibition on entry with regard to an alien, the alien’s residence permit or visa shall be revoked.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(3²)      An alien with regard to whom a prohibition on entry applies shall be detained by a border guard official, an official of the Citizenship and Migration Board or a police officer and his or her expulsion from Estonia shall be organised without delay.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(4)        A prohibition on entry does not deprive an alien of the right to apply for asylum in Estonia.

§ 28¹. Failure, without imposition of prohibition on entry, to allow aliens to enter Estonia

(1)        Failure, without imposition of prohibition on entry, to allow aliens to enter Estonia is permitted if:

1)         a circumstance which constitutes the basis for imposition of a prohibition to entry exist with regard the alien;

2)         the alien has committed an offence in Estonia;

3)         the alien has failed to pay a fine imposed on the alien for an offence committed in Estonia;

4)         the alien has failed to pay for the expenses for expulsion;

5)         there is reason to believe that the arrival of the alien to Estonia may pose a threat to national security, public safety or public order;

6)         there is reason to believe that the purpose of the alien’s arrival to Estonia does not correspond to the purpose of arrival claimed by the alien;

7)         there is reason to believe that the alien does not intend to leave Estonia after his or her basis for stay expires.

(2)        Subsection (1) of this section does not apply to aliens who hold a residence permit.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 28². Justification of failure to allow aliens to enter Estonia

Failure to allow an alien to enter Estonia is not justified and the alien is returned pursuant to the procedure provided in the State Borders Act (RT I 1994, 54, 902; 1997, 77, 1315; 1999, 25, 365; 2000, 86, 550; 2001, 23, 126; 2002, 58, 363; 63, 387; 90, 516; 102, 599; 2003, 23, 138; 26, 156; 51, 350; 88, 591; 2004, 2, 4; 24, 164; 28, 189; 30, 208).

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 29. Bases for application of prohibition on entry

(1)        A prohibition on entry may be applied with regard to an alien if:

1)         there is good reason to believe that his or her stay in Estonia may endanger the security of the Republic of Estonia, or public order, public safety, moral standards or the health of other persons;

2)         there is information or good reason to believe that he or she belongs to a criminal organisation, that he or she is connected with the illegal handling or illicit trafficking of narcotics, psychotropic substances or the illegal conveyance of persons across the border, that he or she is a member of a terrorist organisation or has committed an act of terrorism, or that he or she is involved in money laundering;

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

3)         he or she is or has been employed by an intelligence or security service of a foreign state, or there is good reason to believe that he or she is or has been employed by an intelligence or security service of a foreign state;

4)         he or she has received or there is good reason to believe that he or she has received special training in landing operations or in diversion or sabotage activities, or other special training, and if the knowledge and skills acquired in the process of such training can be directly applied in the formation or training of illegal armed units;

5)         he or she incites or there is good reason to believe that he or she incites racial, religious or political hatred in Estonia or a foreign state;

6)         he or she has been punished or there is good reason to believe that he or she has been punished for a serious crime against humanity or for a war crime, regardless of whether the criminal record has expired or been expunged, and regardless of the expungement of data concerning punishment from the punishment register;

7)         he or she has been punished for an intentionally committed criminal offence or for another offence in Estonia or a foreign state, and if the criminal record has neither expired nor been expunged or if data concerning the punishment have not been expunged from the punishment register;

8)         the alien has violated legislation regulating the stay of aliens in Estonia or the crossing of the state border by aliens;

9)         the alien has provided incorrect information or a falsified document upon application for a legal basis to stay in Estonia or extension thereof, for Estonian citizenship, asylum or an identity document;

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

10)       the alien has unperformed obligations to the Estonian state, a governmental authority or local government.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(2)        A permanent prohibition on entry may be applied in the cases provided for in clauses (1) 1)-6) of this section.

(3)        If it is impossible for the family of an alien to live together outside Estonia or if the resettlement of the family in a foreign state would involve difficulties on a disproportionate scale in comparison with the need to establish a prohibition on entry, a prohibition on entry with regard to the alien may be applied only in the cases provided for in clauses (1) 1)-6) of this section.

(4)        The following persons living legally in Estonia together with an alien in the same family shall be deemed to be the family members of the alien:

1)         spouse;

2)         minor child;

3)         parent, if the alien is a minor.

(5)        If the bases for application of a prohibition on entry provided for in subsection (1) of this section become evident during the proceedings for the grant or extension of a basis for stay, the grant or extension of the basis for stay shall be refused and a prohibition on entry shall be applied with regard to the alien.

§ 30. Non-application of prohibition on entry

Prohibition on entry shall not be applied:

1)         with regard to an alien less than 13 years of age;

2)         with regard to an alien who is of Estonian origin;

3)         with regard to an alien whose application for asylum in Estonia has been accepted for hearing or with regard to an alien who has been granted asylum in Estonia.

§ 30¹. Specifications to application of prohibition on entry

(1)        Upon application of a prohibition on entry and on the basis thereof, revocation of the basis for stay, the alien need not be granted a possibility to provide his or her opinion and objections.

(2)        Upon application of a prohibition on entry and revocation of the residence permit of an alien who stays in Estonia on the basis of a residence permit and has a registered residence, the alien shall be granted a possibility to provide his or her objections.

(3)        Application of prohibition on entry need not be substantiated.

(4)        Application of a prohibition on entry with regard to an alien who, at the time of application of the prohibition on entry, is staying in Estonia on the basis of a residence permit shall be substantiated to the extent that does not conflict with the need to protect national security.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 31. Order to apply prohibition on entry

(1)        The application of a prohibition on entry shall be ordered by the Minister of Internal Affairs or a higher official of the Minister of Interior Affairs authorised by the Minister without undue delay.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

(2)        (Repealed - 09.060,2004 entered into force 07.08.04 - RT I 2004, 53, 369)

(3)        Upon an order to apply a prohibition on entry and the determination of the period of validity of a prohibition on entry, all of the following circumstances shall be taken into account:

1)         the duration of the alien’s legal stay in Estonia;

2)         personal, economic and other ties which the alien has with Estonia and which are deserving of protection;

3)         the consequences of the application of the prohibition on entry for the family members of the alien;

4)         the circumstances which are the basis for application of a prohibition on entry;

5)         other relevant considerations.

(4)        (Repealed - 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

(5)        (Repealed - 19.06.2002 entered into force 01.08.2002 - RT I 2002, 61, 375)

§ 31¹. Proposal to apply prohibition on entry

(1)        A governmental authority or a state agency administered by a governmental authority may make a proposal to the Minister of Internal Affairs to order application of prohibition on entry.

(2)        The proposal specified in subsection (1) of this section shall contain the basis and reason for application of prohibition on entry and the circumstances set forth in subsection 31 (3) of this Act. Where possible, documents in proof of the circumstances shall be appended to the proposal.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 32. Amendment of period of validity of prohibition on entry

(1)        The Minister of Internal Affairs, or a higher official authorised by the Minister shall revoke the prohibition on entry or shorten the period of validity of the prohibition on entry at the justified request of the alien or on the justified proposal of a governmental  authority or a state agency administered by a governmental authority if the basis for application of the prohibition on entry has changed or ceased to exist, or for humanitarian reasons if this does not pose a threat on national security or public order.

(2)        If additional bases for the application of a prohibition on entry provided for in subsection 29 (1) of this Act become evident with regard to an alien, the Minister of Internal Affairs or a higher official authorised by the Minister may extend the period of validity of the prohibition on entry, or replace a temporary prohibition on entry with a permanent prohibition on entry at the proposal of a governmental authority or a state agency administered by a governmental authority. The provisions of subsection 31 (3) of this Act apply with regard to extension of the period of validity or with regard to replacement of a temporary prohibition on entry with a permanent prohibition on entry.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 32¹. Suspension of period of validity of prohibition on entry

The Minister of Internal Affairs or a higher official authorised by the Minister may suspend the period of validity of a prohibition on entry at the proposal of a governmental authority, state agency administered by a governmental authority or a court, if the alien’s arrival and short-term stay in Estonia is unavoidably necessary.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 33. Register of prohibitions on entry

(1)        The National Register of Prohibitions on Entry shall be maintained pursuant to the procedure established by the Government of the Republic concerning aliens with regard to whom prohibitions on entry apply.

(2)        Administrative agencies may use the information in the Register of Prohibitions on Entry and its archives for the performance of the duties assigned to the agencies by law.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 33¹. Prohibition on entry arising from law or court judgment

(1)        The prohibition on entry arising from law or a court judgment shall be applied by entry of information in the State Register of Prohibitions on Entry.

(2)        The prohibition on entry arising from law or a court judgment has the legal consequences provided for in § 28 of this Act.

(3)        The prohibition on entry arising from law applies to an alien who has been expelled from Estonia for ten years as of the date of expulsion.

(18.12.2003 entered into force 01.03.2003 - RT I 2003, 4, 21)

(4)        In the case specified in clause 3 (1) 1) of the International Sanctions Act (RT I 2002, 105, 612; 2004, 2, 7), the prohibition on entry arising from law applies to the persons specified in a relevant decision of the Government of the Republic with the term of validity determined thereby.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 33². Communication of application of prohibition on entry, amendment of term of validity of prohibition on entry, revocation of prohibition on entry and suspension of prohibition on entry

(1)        The application of a prohibition on entry and its term of validity, amendment of the term of validity of a prohibition on entry, revocation of a prohibition on entry or suspension of a prohibition on entry shall be deemed to be communicated to an alien after the relevant information has been published on the website of the Minister of Interior Affairs.

(2)        If the name, time of birth and citizenship of the alien concerned is known, such information shall be published on the website.

(3)        The application of a prohibition, amendment of the term of validity of a prohibition on entry, revocation of a prohibition on entry or suspension of a prohibition on entry shall be communicated to the alien in writing at the initiative of the alien.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 33³. Contestation of application of prohibition on entry and amendment of term of validity of prohibition on entry

(1)        Application of a prohibition on entry or amendment of the term of validity of a prohibition on entry may be contested pursuant to the procedure provided in the Code of Administrative Court Procedure within thirty days after communication thereof.

(2)        Contestation of application of a prohibition on entry or amendment of the term of validity of a prohibition on entry does not postpone expulsion for the time of the court proceedings.

(3)        After expiry of the term for contestation of application of a prohibition on entry, expulsion, refusal to grant or extend a basis for stay, or revocation of a basis for stay cannot be contested based on the unlawfulness of the application of prohibition on entry.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 33⁴. Disclosure of information related to application of prohibition on entry

(1)        Information not specified in subsection 33² (1) of this Act related to the application of prohibition on entry is not public.

(2)        The Minister of Internal Affairs may classify information specified in subsection 33² (1) of this Act as information intended for internal use if this is necessary in order to guarantee public order, public security or national security.

(09.06.04 entered into force 07.08.04 - RT I 2004, 53, 369)

Chapter 6

Implementing Provisions

§ 34. Application of prohibition on entry to alien whose entry into Estonia was prevented prior to entry into force of this Act

A prohibition on entry with regard to an alien whose entry into Estonia was prevented prior to the entry into force of this Act applies in accordance with Chapter 5 of this Act.

§ 34¹. (Repealed - 09.60.2004 entered into force 07.08.04 - RT I 2004, 53, 369)

§ 34². Implementation of penalty payment

Penalty payment prescribed in this Act is implemented as of 1 January 2002.

(06.06.2001 entered into force 12.07.2001 - RT I 2001, 58, 352)

§ 35. Amendments to Aliens Act

The Aliens Act (RT I 1993, 44, 637; 1999, 50, 548; 54, 582; 71, 686; 88, 808; 101, 900; 2000, 25, 148; 33, 197; 40, 254; 2001, 16, 68; 58, 352; 68, 407; 2002, 56, 351; 63, 387; 90, 521; 102, 599; 2003, 4, 20) is amended as follows:

1)         subsection 3 (1) is amended and worded as follows:

«(1)      For the purposes of this Act, an alien is a person who is not an Estonian citizen.”;

2)         subsection 9 (1) is amended and worded as follows:

«(1)      A legal basis must exist for an alien to enter Estonia or stay in Estonia. An alien shall hold a work permit to work in Estonia. The legal bases for an alien to stay in Estonia are:

1)         a residence permit;

2)         a visa, within the term for stay in Estonia prescribed thereby;

3)         the right to stay in Estonia arising from an international agreement;

4)         the right to stay in Estonia arising from a resolution of the Government of the Republic to forego the visa requirement;

5)         other permission arising from law, or permission granted by administrative legislation on the basis of law for the alien to stay in Estonia.”;

3)         subsection (4) is added to section 10 worded as follows:

«(4)      The Government of the Republic shall establish a list of states whose citizens are unilaterally relieved of the visa requirement in Estonia.”;

4)         clause 8) is added to subsection 12 (4) worded as follows:

«8)       with regard to whom a prohibition on entry applies.”;

5)         clause 3) is added to subsection 14 (3) worded as follows:

«3)       upon application of a prohibition on entry.”;

6)         section 16 is amended and worded as follows:

Ǥ 16. Legal liability

(1)        An alien shall bear administrative liability for violation of this Act, pursuant to the procedure provided for in the Code of Administrative Offences (RT 1992, 29, 396; RT I 1999, 41, 496; 50, 548; 58, 608; 60, 616; 87, 792; 92, 825; 95, 843; 2000, 10, 58; 25, 141; 28, 167; 29, 169; 40, 247; 45, 279; 49, 301; 305; 51, 321; 54, 346; 348; 351; 55, 361; 58, 376; 84, 533; 86, 544; 548; 89, 578; 95, 609; 613; 2001, 3, 5; 9, 41; 17, 76; 18, 87; 21, 115; 116; 31, 174; 42, 236; 52, 303; 53, 312; 313; 314; 56, 333; 335; 339; 58, 356).

(2)        An alien may be required to leave the territory of the Republic of Estonia and his or her entry into Estonia may be prohibited pursuant to the procedure provided for in the Obligation to Leave and Prohibition on Entry Act.”

§ 36. Amendments to Surveillance Act

Subsection 16 (1) of the Surveillance Act (RT I 1994, 16, 290; 1995, 15, 173; 1996, 49, 955; 1997, 81, 1361; 93, 1557; 1998, 47, 698; 50, 753; 51, 756; 61, 981; 98/99, 1575; 101, 1663; 1999, 16, 271; 31, 425; 95, 845; 2000, 35, 222; 40, 251; 102, 671; 2001, 3, 9; 7, 17; 58, 353; 68, 407; 2002, 56, 350; 61, 375) is amended by adding the words “, and to apply prohibitions on entry” after the words “to revoke residence permits and work permits”.

§ 37. Entry into force of Act

This Act enters into force on 1 April 1999.

¹ RT = Riigi Teataja = State Gazette

² ENSV ÜT = ENSV Ülemnõukogu Teataja = ESSR Supreme Council Gazette