The Ministry of Justice wants to determine whether the smoking ban in Estonian prisons is legally correct. For this purpose, a separate analysis costing up to €20,000 will be commissioned.
In November, the European Court of Human Rights made a ruling. The court stated that the smoking ban implemented in Estonian prisons lacked sufficient justification. The court determined that the ban affects the personal rights of smoking prisoners.
Therefore, the Ministry of Justice must analyze whether the ban is legally sound. The analysis must show whether the reasons for the ban are strong enough to limit prisoners' rights.
The analysis will be commissioned through a small procurement, costing up to €20,000. The Ministry of Justice has many lawyers, but according to Kirsi Pruudel, the head of the prison service, complex legal issues often need to be outsourced. "Our lawyers do good work, but for complex issues, we need the help of experts," said Pruudel.
The analysis must consider that an employer must ensure a smoke-free environment. Additionally, the prison must ensure that non-smokers live in a smoke-free environment. The analysis does not need to examine whether the ban is constitutional but how it affects prisoners' rights.
The analysis must be ready by January 14, 2026. The Ministry of Justice says that since the task is urgent, the analysis may provide data gradually.