Former KGB personnel seek protection of their rights in Estonia

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Date: Fri, 8 Dec 2000 10:27:36 +0200 (EET)
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Subject: Former KGB personnel seek protection of their rights in Estonia

From: MINELRES moderator <[email protected]>

Original sender: Elena Karzetskaya <[email protected]>

Former KGB personnel seek protection of their rights in
Estonia


According to the Estonian Law on Aliens (Article 12, paragraph 4,
subparagraph 10) former officers of the Soviet State Security
Committee (KGB) and members of their families are refused to issue or
extend a residence permit, as they threaten security of the Estonian
state. However, a text of an Agreement on Protection of Former KGB
Officers in Estonia, signed in Tallinn on December 18, 1991 by the
prime minister of Estonia Mr. Raivo Vare and the official
representative of the USSR KGB Mr. Vyacheslav Shironin, has been
recently referred to on a session of the Administrative court. The
Court was considering claims of the former KGB officer B. family. In
accordance with the Agreement, the Government of Estonia is committed
to provide all social and political guaranties for former KGB
officers, not allowing infringement of their rights and freedoms by
reason of their last service or work in any KGB bodies. Alongside with
it, the Agreement proposes that Estonia should receive from the KGB a
number of archival cases, weapon and special equipment.
 
During last 9 years the Estonian community knew nothing about this
document. The main cause was a disappearance of the text of the
Agreement from the archive of the State Chancellory. According to
information published in the local newspaper Postimees the document
was gone from the archive in 1992 when Mr. Edgar Savisaar delegated
the powers of the head of the government to Mr. Tiit Vahi. Ministry of
Internal Affairs confirmed the fact of losing on October this year.
 
The present Minister of Internal Affairs Mr. Tarmo Loodus said in his
interview to Estonian TV that this Agreement could impose
unprecedented obligations on Estonia and even threaten further
existence of the Estonian State. Under his initiative the meeting of
experts was called. Members of the commission were as follows:
representative of the Security Police Board Mr. Eric-Niiles Kross,
Minister of Justice Mr. Mart Rask, leading lawyer of the country Mr.
Juri Raidla and the chairman of the parliamentary Constitutional
commission Mr. Mart Nutt. The Commission discussed the following
questions: who should make the legal analysis of the Agreement; how to
reconsider the order of issuing the residence permits to former KGB
officers. The commission came to a conclusion that the Agreement had
no legal force and did not impose on Estonia any obligations as it was
signed before the date of adoption of the Constitution of Estonia.
Also the Agreement was not ratified by the Parliament. Members of the
Commission decided that the legal analysis of the Agreement was not
necessary. 
 
Refusal to issue a residence permit imposes on a person obligation to
leave Estonia. If a person has not executed the precept, he/she shall
be expelled from Estonia. Considering the point that refusal to grant
a residence permit assumes the same negative decision with regard to
applications for residence of members of the family, it means that
state forces whole families to leave the country.
 
On November 8, 2000 the Tallinn Administrative Court made a decision.
It satisfied the complaint of Mr. B. and cancelled all negative
decisions of the Minister of Internal Affairs concerning refusal to
issue a residence permit for family members of Mr.B.. Also Mr. Tarmo
Loodus is now obliged to pay a legal charges and reconsider the
applications for residence permit of Mr. B and his family members.
Time will show if this will be a final decision. 

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