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95
ESTONIA
In addition, Estonia has concluded visa-free agreements with Denmark (1 May 1993), France
(1 March 1999), Portugal (18 December 1999), Malta (1 January 1998), Cyprus (11 June 1998),
the Benelux countries (1 July 1999), Ireland (1 May 1996), Israel (7 October 2001), Greece
(4 December 1999), Slovakia (7 November 1997), Romania (16 April 1999), the Czech Republic
(12 December 1993), and Hungary (28 May 1992). These agreements on the mutual abolition
of visa requirements mostly do not contain references to asylum, but often include provisions on
involuntary return, the readmission of third-country nationals and stateless persons, as well as
their return to the transit destination.
The existing agreements also provide for the protection of personal information. With regard to
the financing of readmission, the transportation expenses are paid by the parties to the agreement.
Estonia is pursuing a readmission agreement with the Russian Federation. A draft border treaty
with Russia (as for Belarus, Ukraine and other CIS countries) on terrestrial and maritime borders
is still to be concluded, but the Estonian initiative has so far been met with little response.
Nevertheless, working relations between the Estonian and Russian border guards are good. There
seems to be a practice, where Estonian border guards can return irregular migrants to Russia, if
they can prove clearly that the migrant concerned has arrived from the Russian side. The highest
rate of refusal for entry occurs at the Russian border, despite the fact that there is no readmission
agreement.
A common problem is the identification of migrants to be returned under readmission agreements.
The problem relates to third-country nationals. Like other receiving countries, Estonia
has faced situations in the past where persons to be returned under a readmission agreement
were not accepted, and the other party brought forward various excuses to avoid readmission of
their nationals.
Costs
No information is available on the cost of deportations, however costs can vary widely depending
on the means of transport available, e.g. escort to the border, train or flights.
Detention
In the light of missing legislative provisions, the international condemnation of the Estonian
detention practices in the early 1990s and the unwillingness of some Administrative Courts in
Estonia to prolong detention of asylum seekers, the Estonian government was compelled to
focus on detention, the establishment of proper legislation and a national asylum procedure. In
general, asylum seekers are not detained.
Rejected asylum seekers can be detained in the Harku centre, south of Tallin. According to
Article 161 (2) of the Law on Imprisonment, persons to be expelled shall be segregated from
prisoners.
Foreigners may also be detained in police station cells, but not for more than ten days.
Detainees have no possibility to see relatives or representatives. They have limited possibilities
to post mail or make phone calls.