Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Estonia

Estonia - Constitution 1992 (2015) EN

Chapter II
Fundamental Rights, Freedoms and Duties

§ 20.

Everyone has the right to liberty and security of person.
No one may be deprived of his or her liberty except in the cases and pursuant to a procedure
provided by law:
1) to enforce a judgment of conviction rendered or a detention ordered by a court;
2) for the case of non-compliance with a direction of a court, or to guarantee fulfilment of a duty
provided by law;
3) to prevent a criminal or administrative offence, to bring before a competent authority a person
in relation to whom there is reasonable suspicion that he or she has committed such an offence,
or to prevent such a person from absconding;
4) to place a minor under disciplinary supervision or to bring him or her before a competent
authority to determine whether to impose such supervision;
5) to detain a person suffering from an infectious disease, a person of unsound mind, an
alcoholic or a drug addict, if such a person is a danger to himself or herself or to others;
6) to prevent illegal settlement in Estonia and for removing a person from Estonia or for
extraditing a person to a foreign state.
No one may be deprived of his or her liberty on the mere ground of inability to fulfil a contractual
obligation.

Chapter II
Fundamental Rights, Freedoms and Duties

§ 21.

No one may be held in custody for more than forty-eight hours without a specific authorisation of a court. The decision of the court must be promptly communicated to the person in custody in a language and manner which he or she understands.

Estonia - Criminal Procedure Code 2003 (2020) EN

Chapter 1GENERAL PROVISIONS

§ 9. Safeguarding of personal liberty and respect for human dignity
(1) A suspect may be detained for up to forty-eight hours without an arrest warrant issued by a court.

Estonia - Penal Code 2001 (2020) EN

Part 2 SPECIAL PART
Chapter 9 OFFENCES AGAINST THE PERSON
Division 6 Offences against Liberty

§ 136. Unlawful deprivation of liberty
(1) Unlawful deprivation of the liberty of another person is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age, is punishable by one to five years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.