Is it true that the National Electoral Committee has also received an application from the Koos party for their representative Aivo Peterson to run in the European Parliament elections?

As far as I know, it has been received. I can't say at the moment whether the application is in accordance with requirements or not, that still has to be assessed. But in any case, if there are any flaws [in the application], then it's possible to set a deadline for addressing them.

If the application is admissible, does Estonia law even allow for someone also currently accused of treason to run for office?

Everyone accused, so long as a court judgment hasn't entered into force, is innocent under the presumption of innocence. And anyone who has not been convicted of a felony and sentenced to prison has the right to run in any election. So he can indeed run for office.

Even though he is actually currently in custody?

Yes, even in custody. In that sense, the presumption of innocence means precisely even if someone is in custody, but if they have not been convicted, then they cannot be considered a felon.

Does Aivo Peterson have to be given some kind of opportunity to present his views to voters too? Will he have that opportunity?

No specific provisions exist for how people in custody should be enabled to campaign. In that sense, restrictions arising from criminal proceedings, fairly significant communication restrictions on the detainee can likely markedly impede this in real life, however no exceptions in that sense should be made in the criminal proceedings on the grounds that someone has decided to stand for election.

So if he is already subject to some sort of communication restrictions, then these communication restrictions in no way need to be relaxed just because he's also running for election?

They don't, no – that is true.

If Aivo Peterson should prove popular enough to be elected to the European Parliament too, will he have the opportunity in that case to actually head to the European Parliament as well, given that he's actually currently in custody on trial?

He does not need to be released from custody especially for that. I suppose in that sense, the matter of European Parliament immunity will probably come into question in this case, just as the European Parliament has previously decided and discussed it with regard to MEPs from Latvia and various other countries. Criminal proceedings do not automatically have to be terminated because of it.

And in all likelihood, as practice has shown, generally a conviction should also terminate the possibility of serving as MEP as well.

But if he has not yet been convicted, but should end up elected, in that case I'm confused now – would he have some sort of European Parliament immunity or not?

Now I can't give you a clear answer to this question right off the bat regarding whether it's also automatically extended to those who are elected when criminal proceedings [involving them] are already underway. Or whether the European Parliament must adopt some sort of separate decision that these criminal proceedings may continue.

Here in Estonia, in the case of Riigikogu elections, these earlier criminal proceedings do not now directly confer any sort of immunity. But I suppose if he's in custody and he continues to remain in custody, then he can represent his voters in that prison cell.

So as of right now, his application for running [in the elections] has been submitted. How many days will it take now to review all the documents and paperwork? When should it become clear whether they've all been filled out in accordance with requirements?

The final deadline for correcting any sort of flaws should be [this upcoming] Saturday [April 27]. The VVK will convene to register candidates on April 29 – Monday. And that is when we'll decide whose candidacy we can register and who will not be registered.

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