The constitution provides protection for members of the Riigikogu. This protection is called parliamentary immunity. If a member is under suspicion, other members of the Riigikogu must decide whether to remove this protection. In the case of Tõnis Mölder, it was decided not to remove the immunity. Many felt this was the wrong decision. But Riigikogu members have the right to decide for themselves.
In 2014, the law was changed. Now, the Chancellor of Justice must forward the prosecutor's request to the Riigikogu, even if they do not agree with it. If the Riigikogu does not remove parliamentary immunity, it does not mean the person escapes. Criminal proceedings will continue if they are no longer a member of the Riigikogu.
Twelve years ago, the Riigikogu granted more powers to the prosecutor's office. At the same time, the powers of the Chancellor of Justice were reduced. For example, the Chancellor of Justice can no longer assess whether proceedings are reasonable. Is it necessary to spend a lot of money on a minor issue? Or is someone just trying to harass a person? The Riigikogu made these changes itself.
Madise says that the constitution requires a Riigikogu vote, but this does not mean everyone must vote the same way. Otherwise, the vote would be pointless.
Riigikogu members say they fear their phone calls are being monitored. They are cautious with their messages. In reality, they fear the police, even though they are members of parliament themselves.
If someone has committed a serious crime, it is right to punish them. But some laws are so broad that people do not know if they are doing something wrong. For example, someone may listen to your calls even if you are not a suspect. Or your computer may be taken away, and something minor found on it could lead to new proceedings.
In 1992, the constitution was made clear. A crime is something most people recognize as a crime. For example, murder, theft, or drug trafficking. Over time, many new laws have emerged that are confusing. People do not know if they are doing something wrong.
Madise believes crimes should be clear and understandable. Then strong measures can be used to catch criminals. But honest people should not fear being monitored.
The prosecutor's office must follow the law. But some laws are too broad. This makes people fearful. For example, the police may use new technologies to monitor people. But is this always necessary?
Madise says we need balance. Security is important, but so is freedom. We should not become like Russia or China, where people are monitored too much.
The Estonian constitution has created a free society. Everyone can live as they wish, as long as they do not violate the rights of others. We should not fear our state. We should believe that the state protects us fairly.