"Today, on Friday, November 1, the Prison Service is doing the work of the police," Kuuse wrote in a letter to PPA Director General Egert Belitšev. "Namely, prison officials are assisting the county court in the administration of justice today, and ensuring the participation of the detainee, the conduct of the trial as well as security in the courtroom. This is just one of many examples in recent years illustrating the concerning decline in your institution's willingness to cooperate, and the increasingly prevalent practice of creating bigger problems for the sake of a small 'win.' I believe our collective security is at stake."

Kuuse's letter is unusually direct and strongly worded for public communication between Estonian authorities. He outlined three examples of where public safety has been compromised due to poor cooperation as well as preparation for changes on the PPA's part.

1. Ensuring functioning of the court

Since 2004, and reaffirmed in 2018, an agreement has been in place that police officers are responsible for the secure transport of detainees to court, as well as for ensuring security for court hearings across the country.

"This year, however, you unilaterally informed the courts, the Office of the Prosecutor General and the Estonian Bar Association that starting in the fall, you would no longer be doing your job in courts on Fridays," the ministry official wrote. "The court has responded that such conduct is unacceptable to them, and that such a restriction hinders their constitutional duty to administer justice. The Prison Service has likewise repeatedly communicated to you the need to honor agreements."

He said that the PPA backing out of this agreement has already resulted in canceled hearings, wasted hours of partners' work as well as caused quite a bit of confusion.

"As a result of this decision, the courts' ability to plan proceedings has been hampered, and that infringes on the rights of parties to the proceedings, as it lengthens trial and detention periods," Kuuse noted. "The Prison Service does not have the resources, nationwide coverage or exhaustive legal backing to support the courts. Yet we have been more willing than you to find a solution."

He noted that reorganizing prison activities in order to provide prison convoy – i.e. transport – services, also means fewer opportunities to address behavioral issues.

"When people are released from prison under such conditions, it reduces the impact of incarceration on them, which in turn very likely increases recidivism, i.e. the increase of crime rates both inside and outside of prison," he emphasized. "This significantly damages society's security and sense of justice. And increases your own workload. I need hardly mention your own longer waiting times when entering prisons, as we're occupied with assisting the courts."

2. IDing individuals arriving at prison

As a second example, Kuuse pointed out that at the end of 2023, the PPA unliteraterally made changes to one of its practices, and the Prison Service only learned of this change once a situation arose at a prison gate.

"Namely, in 2024, someone arrived at a prison to serve a sentence," he recalled. "They were without identification, and the police patrol refused to come to the prison to confirm the person's identity. This year alone, there have been at least seven instances where police have refused to come to a prison for identification purposes."

According to the ministry deputy secretary general, the issue is that if someone arrives at prison without any documents, including ID, then the Prison Service cannot accept them, as they have no legal basis for establishing their identity; only police officers have the authority and the legal grounds to do so.

"As a result, when you refuse, we send the person away from prison with the recommendation to come to you to apply for an ID," he explained. "In the worst-case scenario, the entire situation ends up culminating with the prison filing a request for compelled attendance with the court, which issues an order declaring the individual as wanted and forwards the order to you for execution. Ultimately, we all spend significantly more resources on this than if you were to just continue as before."

Kuuse said that they have been telling the PPA for years to create a way for the Prison Service to access data in police information systems so they could verify identities on-site independently.

"However, you've shown no interest [in this] so far," he noted. "The result is an increased workload for yourselves and potential new crimes."

3. Refusal to extend residence permits of people in prison

The deputy secretary general's third example concerned the PPA's spring 2023 decision that fixed-term residence permits for prison inmates do not need to be extended.

"We provided feedback that this was a shortsighted policy that in no way benefits the state," he recalled. "When someone is released from prison without valid documentation, it becomes more challenging for them from day one to stay on the law-abiding path. For example, someone without documents cannot start a job, rent an apartment or access state social services, benefits or support."

According to Kuuse, being released from prison without documents only encourages further offenses, increased police workloads ultimately more work for the Prison Service as well.

"There have also been numerous court cases over this policy, the cost to taxpayers of which could have been avoided," he continued. "Such an approach cannot be expected to make the people of Estonia feel safer."

Can't hide behind budget cuts

In conclusion, Kuuse emphasized that the PPA has repeatedly cited budget cuts as forcing these decisions to be made. He noted, however, that the entire public sector is feeling the pressure of the cuts, including the Prison Service.

"I understand that certain functions may, in your opinion, no longer be worth police officers' efforts," he said. "However, when managing changes, you also have to reach a necessary consensus with your partners, among other things.By making changes unilaterally and short-sightedly, you'll ultimately find yourself in a situation where what seemed like a good idea at first will create exponentially more work for all of us. There is also the risk that even your organization's front line will grow accustomed to treating cooperation as a formality, and this will eventually be reflected in the everyday practices that have a direct impact on people."

Kuuse concluded his letter to the PPA chief with a question: "The Prison Service is willing to openly collaborate and jointly plan changes – are you?"

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