On January 22, the Tartu Administrative Court ruled that, in addition to overturning a travel ban, the Police and Border Guard Board (PBGB) must compensate a Ukrainian refugee for both material and moral damages. According to lawyers from the Estonian Human Rights Centre, the outcome of this more than two-year-long legal process is significant, as it strengthens trust in the Estonian judicial system and reinforces faith in the rule of law.
In October 2022, a Ukrainian citizen, Elena (name changed; real name known to EHRC), attempted to enter Estonia via the Narva border checkpoint to seek temporary protection in the European Union. Although, according to a Council of Europe decision, she should have been granted protection automatically, PBGB officials twice refused to process her documents and, instead, issued her a travel ban.
After difficult experiences at the Estonian-Russian border, Elena decided to try crossing the Finnish border, where she encountered no issues entering the EU under temporary protection. She entered the European Union without obstacles and traveled to Spain to seek protection near her daughter. Since PBGB’s actions had caused her significant financial and emotional distress, she contacted lawyers from EHRC, who helped her challenge PBGB’s decisions in court.
The Tartu Administrative Court found that PBGB lacked any evidence to justify imposing a travel ban on Elena. Consequently, the court ruled that PBGB must compensate her for both partial material damages and moral damages.
Lawyers from EHRC consider this ruling to be a landmark decision. “While it was somewhat expected that the court would order partial compensation for the material losses caused by the PBGBs actions, the decision to also award compensation for moral damages, meaning emotional suffering, shows that Estonia is a country that truly values human rights,” said Uljana Ponomaryova, a refugee rights lawyer at EHRC, praising the Tartu Administrative Court’s decision.
The Police and Border Guard Board has the right to appeal the ruling to the Tartu Circuit Court within 30 days.
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