Estonia

Estonia reported hate crime data to ODIHR in 2009, 2016 and 2020. Its data on 2019 are also available. Estonia's criminal code includes an incitement to violence provision. The Ministry of Justice is responsible for collecting hate crime data.

How hate crime data is collected in Estonia

How hate crime data is collected in Estonia

Police officers use a generic form to record hate crimes. The Ministry of Justice has issued a guiding instruction, with the following criteria necessary to meet a definition of a hate crime: (i) the offense must correspond to a criminal offences or misdemeanour provided for by the Penal Code; and (ii) the perpetrator has chosen a specific attribute of the victim or target, such as race, religion, ethnic origin, nationality, or sexual orientation shared by a group of people, or similar common denominator. The police registration system enables police officers to tick a box, marking a case as a hate crime. This “hate crime flag” is not restricted to hate crimes only, but is used to also mark other cases, such as hate speech incidents. The flagging of hate crimes is not mandatory. Three boxes are currently available to police officers for flagging hate crimes corresponding to the following three hate crime types:

  1. Bias against race, religion origin;
  2. Bias against sexual orientation and identity; and
  3. Bias against other groups (disability and other social groups). 

Methods for identifying hate crimes are described in an instruction prepared by the Ministry of Justice. Law enforcement agents can further mark the motive of a criminal case when the suspect has been identified. There is thus a duality in “recording motive”: hate crime flags and the motive box.  It is not obligatory to mark/select/define the motive of the crime because this is not required by the law. From the list of motives available in the electronic database - the Police Information System, law enforcement agents can choose "hate motive" (vaenumotiiv in Estonian).

All reported crimes are recorded in an electronic system called E-File, which is used by several client-systems including the Police Information System and the Criminal Case Management Register used by prosecutors and investigative bodies. The E-File is an integrated central information system that provides all criminal justice bodies with access to criminal files and enables simultaneous exchange of information. Data entered in the MIS is simultaneously accessible by a prosecutor in the Criminal Case Management Register. The entered information can be further used and changed by the prosecutor in the prosecutors' Register and sent if necessary to the courts information system (KIS). Later, the procedural information and the court decision can be delivered to the Information System of Prisons (VangIS). The E-File is also used to generate crime statistics, including on hate crimes.

Victimization surveys are conducted annually in Estonia.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2020 3 Not available Not available
2019 Not available Not available Not available
2018 Not available Not available Not available
2017 Not available Not available Not available
2016 15 Not available Not available
2015 Not available Not available Not available
2014 Not available Not available Not available
2013 Not available Not available Not available
2012 Not available Not available Not available
2011 Not available Not available Not available
2010 Not available Not available Not available
2009 2 Not available Not available

Hate crime recorded by police

The police data on hate crimes are disaggregated by type of crime only.

National developments

Victim Support Estonia provides information on hate crime and to potential victims of "hate crime"(vaenukuritegu in Estonian). Hate crime victims can also access a crisis helpline (116 006) administrated by the Social Insurance Board.

INCIDENTS REPORTED BY OTHER SOURCES

No information is available.

INTERNATIONAL REPORTS

Racist and xenophobic hate crime, Gender-based hate crime

The United Nations Human Rights Council Working Group on the Universal Periodic Review (UPR) published relevant recommendations in its "Report from the thirty-eight session: Compilation on Estonia."

KEY OBSERVATION

ODIHR recognizes that Estonia reported its hate crime data to ODIHR for the first time since 2016. However, based on the available information, it observes that the law enforcement agencies of Estonia have not recorded the bias motivations behind hate crimes. In addition, ODIHR observes that Estonia would benefit from reviewing its existing legal framework in order to ensure that bias motivation can be effectively acknowledged and appropriate penalties can be imposed on the perpetrators.

ODIHR recalls that in the Ministerial Council Decision 9/09, participating States have committed to promptly investigating hate crimes and ensure that the motives of those convicted of hate crimes are acknowledged. To that end, the law enforcement agencies must, first of all, record the bias motivation behind hate crimes. ODIHR stands ready to support Estonia in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance. In the Ministerial Council Decision 9/09, participating States have also committed to enacting specific, tailored legislation to combat hate crimes, providing for effective penalties that take into account the gravity of such crimes. ODIHR stands ready to support Estonia in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection as well as providing further legislative guidance and advice.

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