Racist Violence in Estonia By Julia Kovalenko With the support of the Legal Information Centre for Human Rights (LICHR)

Published by the European Network against Racism (ENAR) in Brussels, March 2011, with the support of the Community Programme for Employment and Social Solidarity PROGRESS (2007-2013) and the Open Society Foundations. PROGRESS (2007- 2013) is managed by the Directorate-General for Employment, social affairs and equal opportunities of the European Commission. It was established to financially support the implementation of the objectives of the European Union in the employment and social affairs area, as set out in the Social Agenda, and thereby contribute to the achievement of the Lisbon Strategy goals in these fields. For more information see: http://ec.europa.eu/progress. The information contained in this publication does not necessarily reflect the position or opinion of the European Commission. ENAR reserves the right not to be responsible for the accuracy, completeness or quality of the information provided in this report. Liability claims regarding damage caused by the use of any information provided, including any information which is incomplete or incorrect, will therefore be rejected.

2

An assessment of overall trends and partners Estonia is a small country with a rather homogeneous society where two major communities can be identified: ethnic Estonians and Russian-speakers. Very few can be identified as visible immigrants (also regarding their religious affiliation). The situation of this group of Estonian residents has not been the study of detailed research as they rarely report racial or even more general violations of their fundamental rights to NGOs or the media; however, we do have reasons to assume that they can become victims of racist violence, discrimination and harassment perpetrated by both Estonians and Russian-speakers1. The latter are also at risk to become victims of racist violence and discrimination. However, ethnic Estonians and Russian-speakers have long-term experience of living together and when an incident occurs, it is usually limited to non-violent harassment (verbal abuse). In Estonia, this is not seen as an offence and therefore it is not reported to NGOs or to the police. This was also confirmed in the 2008 study by the EU Agency for Fundamental Rights (EU-MIDIS). This study registered both low victimisation rates for Russians in Tallinn and the problem of underreporting incidents of assault, (including those that are ethnically/racially motivated), threats, and serious harassment2. One may argue that the situation is different in cases of visible ethnic and religious minorities. However, instances of racially and ethnically motivated violence against this group are also rare. When this does occur, it generally takes the form of verbal abuse and insults. There have also been cases of racist graffiti in public places; but this is not a common occurrence. It should be noted that no public institution keeps a statistical database of cases of racist violence and, as mentioned, neither do the NGOs (with the exception of the Legal Information Centre for Human Rights; however it registers no more than 3-5 incidents during a year). Thus it is impossible to make any comparison of official and non-official data in the area. Nevertheless, for several years the U.S. Department of State argued in its information sheet that in Estonia „[r]acially motivated verbal harassment and, on occasion, physical assault of U.S. citizens and other nationals of non-Caucasian ethnicity has occurred‟3. From time to time the media also report cases of ethnic/racist violence. In the early 2000s in the city of Tartu there were several racial incidents which were perpetrated by local skinhead groups, after which high ranking officials became concerned. According to media reports, the victims of these attacks were black or Asian members of the 1

New Immigrants in Estonia, Latvia and Lithuania, Shadow report, (Tallinn, LICHR, 2010). EU-MIDIS - European Union Minorities and Discrimination Survey, Main Results Report, European Union Agency for Fundamental Rights, (Vienna, Fundamental Rights Agency, 2009), p. 188. 3 U.S. Department of State, Bureau of Consular Affairs, Country Specific Information: Estonia (10 January 2010), available at http://travel.state.gov/travel/cis_pa_tw/cis/cis_1112.html#safety accessed 01 July 2010. 2

3

teaching staff of local educational institutions, sailors, and tourists4. There were almost no similar reports in late 2000s, particularly after the events in April 2007 (the so called Bronze night riots5). The media are also not keen to publish such issues. There are reasons to believe that journalists employ a self-censorship approach to avoid publications of a potentially provocative nature. More publications about racist incidents still can be found in local Russian-language newspapers. However, the most worrying situation regarding public expression of racial hatred is through media channels, particularly commentaries in internet portals, news portals and blogs. It is typical to read comments on articles on news portals that address interethnic relations, political opinions expressed by representatives of minority population, or comments that violate the rights of an ethnic minority or its members. This includes offensive content, harassment and threats of damage to property. It can also culminate in physical abuse of the author of the article due to his/her ethnic origin or even political views and opinions. In 2006, Article 151 of the Criminal Code was amended which resulted in the criminalisation of acts of incitement which endanger the life, health or property of a person. In other words, the scope of application of the Article was narrowed. Before the adoption of the amendment, this Article was used by the police to prosecute those inciting hatred, violence and insult on the basis of ethnic or race origin, such as, for example, in cases of hate speech in public or on the internet. The explanatory note of the Act amending the Criminal Code states that this amendment aims to stop the prosecution of those persons, who simply express their position or opinion 6. In 20032009 only one offence was registered on the basis of Article 151 of the Criminal Code7. At the same time however, there are no indicators that would lead one to believe that racist violence is becoming a more topical issue for Estonia or that extremist movements are gaining in popularity. According to the Estonian Security Police annual reports for the previous years, the far-rights extremist groups should not be seen as a serious threat to ethnic minorities and constitutional order in Estonia8. However, it should be mentioned that in 2007 when the so called Bronze night riots took place there 4

Vadim Poleshchuk “Estonia”, in Cas Mudde (ed) Racist Extremism in Central and Eastern Europe, (London and New York, Routledge, 2005) p. 64. 5 Bronze night riots or April 2007 events, took place in Tallinn predominantly. It was an interethnic conflict between Estonians and non-Estonians that occurred because the government decided at first to demolish, but later the so called Bronze Soldier, that commemorates the victory against the Nazi Germany in 1945 and indeed all those who were killed during WWII. It is considered to be a symbol for Russian-speakers. However the government claimed that this was a symbol of occupation and should be removed as it reminds Estonians of occupation. This action took place a week before the celebrated Victory day and against the will of the people. As a result a peaceful protesting transformed into riots, one person was killed, many injured and the property of tens of people damaged. th 6 See explanatory note attached to the Draft no. 913 SE (10 Riigikogu); available at http://www.riigikogu.ee accessed 01 July 2010. 7 Ministry of Justice, Information provided at http://www.just.ee/orb.aw/class=file/action=preview/id=49210/Kuritegevuse+andmed+2003-2009.xls, accessed on 01 July 2010. 8 Security Police Board of Estonia, Annual Reports 2007, 2008, 2009.

4

were reports about violent incidents which were initiated by both the Estonian and Russian-speaking community members9. However, these riots only lasted for a short period of time and no similar riots took place after May 2007. One of the main weaknesses in Estonia is the lack of official data on racist violence, as well as research regarding trends in this area. As mentioned, it is common that such cases are not taken seriously and/or not reported. This is due to a low level of awareness amongst the general population about such crimes and the remedies available. This is also because there is a general mistrust of the justice system and the lack of interest from the side of the officials towards the protection of minority rights. Furthermore, in Estonia there are no specific instructions for the police regarding the implementation of the Criminal Code when dealing with a racist crime. A Racist motive is not being considered as an aggravating circumstance. Furthermore, the police have no special instructions as to how to act when a racist motive forms the basis of an attack. According to the Legal Information Centre for Human Rights (LICHR) database, there were several cases which were dealt with under the general provisions concerning breach of public order, whereas it was the belief of the LICHR that the perpetrators could have had racist motives. However, this anomaly has never been addressed in detail. According to the European Commission against Racism and Intolerance (ECRI), no statistics were gathered in cases where an ordinary crime may have a racist motive 10. In 2008 the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène, recommended to the Estonian Government to „develop best practices and general guidelines for the prosecution of cases of incitement to racial hatred and racially motivated crimes, developing clear criteria for the threshold of evidence that is required to be presented and for the investigative conduct of law enforcement officials‟11. Both the Police Board and the Security Police Board believe that the topics relating to racially and ethnicity motivated crime can be adequately addressed in the framework of general police training in the Public Service Academy and in other educational institutions. There was also specific training provided in this field12. During the Bronze night events one person perished (a citizen of Russia). Several persons were under suspicion for beating the victim, all of them with typical ethnic Estonian names. According to media reports all of the suspects were bikers or

9

Bronze Soldier: April Crisis, LICHR, Tallinn, 2007, p. 17. ECRI report on Estonia (forth monitoring circle), March 2010, section 38. 11 Doudou Diène, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Mission to Estonia, A/HRC/7/19/Add.2, 17 March 2008, Section 88. 12 Police Board; Written communication no. PA4.4-16.2/4698 of 3 November 2004; Security Police Board; Written communication no. 1748/5 of 4 November 2004. 10

5

skinheads, also the place where it happened was not far away from a pub where bikers usually gathered. However, the police failed to identify the murderer13.

Typical case study It is typical that when there is a case of racist violence, the police are not eager to actively investigate the incident: An Afro-American student was visiting the city of Tartu. He visited the local nightclub and on his way back to the hotel was attacked by a group of white young people. First they started to verbally abuse him referring to his origin and skin colour, then pushed him and beat him up. He subsequently managed to escape. A complaint was filed with the police; however the case was not investigated for unknown reasons14. The victim could not recollect if he had done anything that would provoke the offenders. He remembered that he was walking on his own and that he did not have any disagreement with anyone either in the night club, or in the days before the accident. It was only after the victim went to the police that he approached an NGO about the incident and therefore it was difficult to provide him with any assistance. It subsequently became known that the police did not commence an investigation. Another typical case concerns ethnicity based harassment of a person of minority origin: An Estonian family who are living in a flat on the same floor as a 90-year old woman constantly insult and harasses her and her relatives. The insults include obscenities such as calling them „piece of sh*t immigrants‟ as well as telling them to „go home or die‟, ‟because they have no right to stay‟ and „because Estonians hate them‟. The man in the family kicks or pushes the elderly lady every time they meet in the hallway or stairwell. The victim had never replied to them in a rude way or commented on their insults other than asking what she did wrong. The case was never reported to the police as there is no potential of getting the remedy 15.

Recommendations In order to improve the situation to combat racist violence and to ensure that there is data available on such incidents; we consider it appropriate to recommend the following: To collect data on racist violence and the ethnic component of violence cases both by the public bodies and organisations providing support to the victims of violence, as well as by NGOs working with ethnic minorities. To organise awareness raising campaigns aimed at various target groups including the general public, police officers, prosecutors and judges. The 13

Julia Kovalenko, Shadow Report on Racism in Estonia 2007, (Brussels, ENAR, 2008). LICHR database. 15 LICHR database 14

6

awareness raising campaigns should be aimed at improving their knowledge of the situation in general, and possible available remedies as well as developing guidelines and methods to allow the judicial and police authorities to identify the racist component in an attack. To provide funding for civil society organisations working on victim protection, particularly on racism. To amend the Criminal Code provisions to penalise public incitement to hatred and other racially motivated crimes even without an actual threat to physical damage or the health and property of a victim. Furthermore, special attention should be paid to hate speech in the media and on the internet. To establish racist intolerance as an aggravating factor at the sentencing stage of a criminal trial. To encourage police to investigate for a racist component in cases where appropriate. To organise special training for policemen, prosecutors and judges on racism, equal treatment of minorities, and measures that should be undertaken in order to combat racist violence. Such trainings should result in more active prosecution in such cases and help them to identify the racial motivation of a crime where appropriate.

7

Bibliography Act on the Protection of Personal Data/ Isikuandmete kaitse seadus, RTI, 2007, 24, 127 Bronze Soldier: April Crisis, (Tallinn, LICHR 2007). Doudou Diène, Report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, A/HRC/7/19/Add.2, 17 March 2008. ECRI report on Estonia (forth monitoring circle), March 2010. EU-MIDIS - European Union Minorities and Discrimination Survey, Main Results Report, European Union Agency for Fundamental Rights, (Vienna, Fundamental Rights Agency, 2009). th Explanatory note attached to the Draft no. 913 SE (10 Riigikogu); available at http://www.riigikogu.ee accessed 01 July 2010 J. Kovalenko, Shadow Report on Racism in Estonia 2007, (Brussels, ENAR, 2008). LICHR database. LICHR, New Immigrants in Estonia, Latvia and Lithuania, Shadow report, (Tallinn, LICHR, 2010). Ministry of Justice, Information provided at http://www.just.ee/orb.aw/class=file/action=preview/id=49210/Kuritegevuse+a ndmed+2003-2009.xls accessed 01 July 2010. Ohvriabi Victim Support, www.ohvriabi.ee accessed 4 August 2010. Police Board; Written communication no. PA4.4-16.2/4698 of 3 November 2004; Security Police Board; Written communication no. 1748/5 of 4 November 2004 Security Police Board of Estonia, Annual Reports 2007, 2008, 2009. U.S. Department of State, Bureau of Consular Affairs, Country Specific Information: Estonia (10 January 2010), http://travel.state.gov/travel/cis_pa_tw/cis/cis_1112.html#safety accessed 01July 2010. Vadim Poleshchuk (ed.) Chance to Survive: Minority Rights in Estonia and Latvia, Foundation for Historical Outlook, (Tallinn, Foundation for Historical Outlook, 2009). Vadim Poleshchuk „Estonia‟, in Cas Mudde ed., Racist Extremism in Central and Eastern Europe, (London and New York, Routledge, 2005). Victim Support and Conciliation Service, http://www.ensib.ee/victim-supportand-conciliation-service accessed 4 August 2010

8

ANNEX 1 Recording incidents of racist violence In Estonia there are very few NGOs that are working in the area of human rights in general and even less focusing on ethnic minority issues and racist violence in particular. This is the result of a number of factors, including lack of available public funding; the issue is not considered important in Estonia. The Social Insurance Board provides official support services to victims of violence16. The leading NGO Victim Support (Ohvriabi)17 is also involved in providing all kinds of support to the victims of any kind of violence. A number of other NGOs mostly provide assistance to victims of domestic violence. Unfortunately neither of these structures gathers nor manages statistics that would identify a racist component to the cases. The questionnaire regarding the involvement of NGOs in victims‟ support and protection and recording cases of racial violence was distributed to several NGOs. However, the feedback from the questionnaire proved that the Legal Information Centre for Human Rights (LICHR) is practically the only NGO in Estonia that uses a comprehensive approach when dealing with issues relating to ethnic minorities. It provides all kinds of assistance to those persons whose rights have been violated due to his/her ethnic background, language proficiency, religion, or race. As a part of this approach LICHR provides support to victims of discrimination and racial violence and manages a database of cases reported. The support is mainly informative: provision of information with regards to identification of the case, information regarding what steps can be taken in order to seek for justice and legal aid, etc. As mentioned, LICHR keeps a database of racial violence incidents. This includes a description of the incident, what measures have been taken, and results of the intervention if performed. Due to the fact that delicate personal data can only be processed by licensed person‟s18 questions regarding the ethnic background of a person cannot be asked by LICHR staff and therefore we cannot maintain such data. However, we record the following: native language, sex, age, citizenship, provided that the client agrees to share such data. As LICHR works on various issues related to ethnic minorities and immigrants and not only with victims of racial violence, we do not record the type of incidents, but rather define whether the case concerns racial violence, discrimination, migration etc; the place where the incident took place; information about the perpetrator, etc. Regretfully, in Estonia racial violence has never been a specific research topic prepared by NGOs, scholars or authorities. However, some information relevant to racial violence 16

http://www.ensib.ee/victim-support-and-conciliation-service accessed 4 August 2010. www.ohvriabi.ee accessed 4 August 2010. 18 Act on the Protection of Personal Data/ Isikuandmete kaitse seadus, RTI, 2007, 24, 127. 17

9

research was reported to the OSCE -the Organisation for Security and Co-operation in Europe), the ODIHR- the Office for Democratic Institutions and Human Rights (for their annual publication on hate crimes) and ENAR (shadow reports on racism). These annual reports stressed the absence of official statistics and lack of skills in dealing with cases on racially motivated crimes from the side of police, security services, and other structures.

Reviewing incidents of racist violence Information stored in the database of the Legal Information Centre for Human Rights is being reviewed thoroughly at least twice a year, however tracking ongoing cases and an evaluation of the situation in general is carried out on a more regular basis. These reviews are used to ensure efficient monitoring of minority rights in Estonia and to identify the latest trends regarding ethnic minorities residing in Estonia. Furthermore, this information is used in the reports that the LICHR is producing for various international and national organisations and bodies, and for presentations at academic and civil society events both in Estonia and abroad. The most important reports that use data received from such reviews are the annual reports submitted to the EU Agency for Fundamental Rights (FRA) for the RAXEN network, the ENAR shadow report on racism, as well as ad hoc reports. Additionally interesting or typical cases are being reported to the media for further coverage and for awareness raising purposes, but only when the permission of the victim is granted. Initially the reviews were performed in the form of statistical analysis, i.e. the number of persons that used the services of the organisation in general, the number of cases where discrimination or racist violence could be identified, cases that proceeded to obtain a legal remedy, and the results of litigation. The statistical data that is compiled is compared to previous periods. Apart from academic and statistical purposes, the data received from such reviews is being used for the purposes of projects run by the LICHR and for activities with other NGOs, both at the national and international level. The most important purpose for the data is to identify what kind of action is required, what the financial implications will be as a result of such action and to submit proposals to donors to develop projects to meet this demand.

10