Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Detention
Aliens who entered the country unlawfully, or are residing within Estonia unlawfully, may be
taken into administrative custody for a maximum period of 48 hours. The Refugees Act provides
for possible detention of asylum seekers during the accelerated asylum determination procedure.
Under Article 9, it stipulates:
[a]n applicant is not permitted to leave a border checkpoint during expedited processing of an
application except in order to turn back upon withdrawal of his or her application for asylum.
The Refugee Act Amendment of 1999 provided also for the establishment of a primary reception
centre for illegally arrived asylum seekers, where they are required to stay for an initial interview
and during the accelerated procedure. It may only be left temporarily for a preliminary interview
or to receive urgent medical treatment.
This centre was established in Harku, south of Tallin, in early 2003. Foreigners who suffer
infectious diseases, whose identity has not been established, who pose a severe threat to public
order and security or are under a criminal procedure, but may not be arrested, may be placed
under custody and may not leave the centre, if placed there. Another facility has been established
for asylum seekers in Illuka (150 east of Tallinn).
Migrants who cannot immediately be expelled from Estonia, may be placed in Harku and
detained until the removal can be executed. Removal of detainees should be implemented within
48 hours, if possible. Where removal is not possible after this period of time, an Administrative
Judge, upon the application of the CMB, may order the extension of detention for a period of up
to two months. If removal is still not possible, the Court may prolong the detention period,
revising its decision on a bi-monthly basis until removal is finally possible. The court may also
rule at any time that the detainee is released and the deportation order or arrest under the provisions
of the Criminal Code is annulled.
Illegal Entry
If a foreigner infringes the provisions laid down under the Aliens Act, he/she incurs liability in
accordance with the Code of Administrative Offences, in force since 1 August 1999. Illegally
resident migrants are fined the equivalent of up to 100 days wages or are subject to an administrative
arrest of up to 15 days.
Aliens who are requested to leave but fail to do so, will be fined the equivalent of up to 150 days
wages or be subject to administrative arrest of up to 20 days. Repeated offences (once or twice in
one year) are charged a fine of up to 200 days wages or an administrative arrest of up to 30 days. 1
While a maximum fine can be up to 300 daily wages, it has not been applied yet, (maximum
amounts charged have been around EUR 400).
The Criminal Code further provides for sanctions regarding the forging, stealing, hiding or
destruction of legal documents or stamps. These offences are punished either with a fine, or
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