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ESTONIA
administrative arrest or imprisonment of up to one year; and in case of offences motivated by the
intention to obtain rights or to avoid obligations, by imprisonment of up to two years.
Carrier Liability
Under the Estonian Visa Regulations of 1998 and the Aliens Act, carriers are sanctioned for
transporting migrants without valid travel documents or the required entry permits onto the
territory of Estonia. The carrier is obliged to return such persons at its own expense and cover
any costs incurred by their stay (Section 2 of the Government Decree No. 255). There are no
fines implemented against carriers, which transport an insufficiently documented passenger.
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
According to Section 1, Article 14 of the Obligation to Leave and Prohibition on Entry Act, the
Citizenship and Migration Board (Ministry of Interior) can issue expulsion orders to asylum
seekers and refugees. The police are responsible for detention and the arrangement of the departure.
The law provides that foreigners who entered Estonia illegally may be expelled without a judicial
order of expulsion. In these cases, the expulsion is organized and executed by the Border
Guard and and/or the responsible police officer.
The Border Guard holds the main responsibility to combat organized criminal activities at
Estonia’s borders. In 1998, a unit was established within the Border Guard to analyse illegal
border-crossing activities and elaborate adequate measures. In its efforts to fight illegal entry,
the Estonian Border Guard cooperates closely with the Police Department, the Security Police
Department and the CMB.
The Travel Document Assessment Centre, established in 1999, collects data on forged documents
and issues guiding and study materials to support the work of the Border Guards and other
law enforcement organs.
Operational Steps for Involuntary Return
Aliens are detained as soon as the administrative judge has ordered the deportation of the person
concerned. Articles 18 and 19 of the Obligation to Depart and Entry Ban stipulate that expulsion
shall be completed within 48 hours of the alien being detained. In the case of delayed removal,
the court may prolong detention for a maximum period of two months or in case of further
obstacles for an indefinite time (Article 25).
If a person to be expelled is being ordered into administrative detention, or if a foreigner is to be
detained or imprisoned, or if an alien who is detained or imprisoned is to be expelled, expulsion
shall be completed within 48 hours after the administrative detention has been served.