Rein Lang: Expectation for arbitrary action

The Estonian parliament has laid down laws that, in accordance with the Constitution, protect everyone from arbitrary action, including by the state. Unfortunately, we have seen too many cases of this protection being applied only after tortuous proceedings, Rein Lang writes.
A living classic, the Social Democratic Party's head of the Riigikogu Legal Affairs Committee, Andre Hanimägi, recently said that we need to thoroughly analyze why our laws do not allow court cases to reach the anticipated result. You heard right, these deep thoughts are not coming from the Helme family but rather the ruling coalition.
This is to suggest that someone, the Social Democrats in this case, expected the court to convict someone of something. But the court, those scoundrels, instead found legal basis for dashing these hopes.
All of it is as far removed from the rule of law as the Sun is from the Earth. Our Constitution is clear in that only independent courts administer justice, completely irrespective of the expectations of Hanimägi & Co.
True, the courts cannot administer justice as they see fit but have to do it based on laws introduced by a democratically elected parliament. And so far, the parliament has generally laid down laws that, in accordance with the Constitution, protect everyone from arbitrary action, including by the state.
Unfortunately, we have seen too many cases where this protection from arbitrary action (or someone's expectations) is only applied after torturous proceedings. We have quite literally processed people to death, bankrupt businessmen and created bitter fellow citizens whom the justice system has put through the ringer for years on end. No one has kept track of how many have given up half-way through, without the strength to wait for a final court decision, taking plea deals they do not consider to be fair.
In a democratic state based on the rule of law, the powers that be should be concerned such proceedings even take place. Even one is too much.
In the conditions of the rule of law, everyone must have the legitimate expectation for legal conflicts to arrive at a fair solution inside a sensible time frame. The government should know this and take steps in that direction. Both when administering affairs, drafting laws and distributing taxpayer money.
But now, through the chair of the Riigikogu Legal Affairs Committee, the ruling coalition has suggested that legislation will be revised in a way to make sure someone's expectations would be reflected in court decisions.
The prosecutor general has said on numerous occasions that his office is not to blame for yet another loss in court (Lang is referring to the recent Port of Tallinn ruling – ed.), and that the court and laws are to blame. Those two public statements form a potent toxic cocktail that should cause free citizens to be extremely vigilant.
I'm sure the justice minister and ministry will not rush to tear down the rule of law in Estonia over Hanimägi's expectations. But what about the next one?
The Riigikogu has the final say in matters and its legal committee can propose whatever changes to legal order, steamrolling the government in the process if necessary.
Whether the current Riigikogu will stick with the rule of law or make decisions based on someone's expectations remains to be seen. Freedom is never guaranteed and always depends on whether there are enough people who want to be free.
It was Hegel who found that there is no greater tragedy than someone who is a slave by nature being denied to opportunity to be one. And our neighbors have proved this to be true.
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Editor: Marcus Turovski