STATISTICS OF PROCEEDINGS
In comparison to 2009, the number of persons coming to the Chancellor’s reception with issues concerning health law more than doubled.
Mostly, people coming to receptions needed clarification concerning legislation, and legal advice.
9.
Conclusion
For the first time in the period of four last years the number of petitions received by the Chancellor of
Justice decreased. During the reporting year, the Chancellor received 2430 petitions, which is 11% less
than in the previous year. In 2010, the Chancellor opened 2003 cases, which is more or less the same as in
the previous year. There was an increase in the number of cases where the Chancellor initiated substantive
proceedings. However, the ratio of review proceedings and ombudsman proceedings changed. If previously the number of review proceedings was half smaller than the number of ombudsman proceedings, in
2010 the proportions became balanced. The proportion of special proceedings with regard to substantive
proceedings remained on the same level. The number of own-initiative proceedings, including the number
of inspection visits, decreased slightly.
During review proceedings, in 37 cases (i.e. 22% of the total number of review proceedings) the Chancellor
found a conflict with the Constitution or an Act, of which in ten cases the situation was resolved by the
institution in the course of the proceedings. As a result of ombudsman proceedings, the Chancellor found
a violation of the principle of good administration and lawfulness in 92 cases (i.e. 30.4% of the total
number of ombudsman proceedings), of which 27 were resolved by the institution in the course of the
proceedings. In comparison to 2009, the number of proceedings where a conflict or a violation was found
decreased slightly both with regard to review proceedings and ombudsman proceedings. In case of review
proceedings, the number of cases resolved by the respondent institution during the proceedings declined
as compared to the previous year, while in case of ombudsman proceedings their number increased significantly.
Most cases were still opened based on petitions by prisoners to resolve issues relating to criminal enforcement procedure and imprisonment law falling within the area of government of the Ministry of Justice.
In the majority of these cases (85%), no substantive proceedings were initiated. Criminal enforcement
procedure and imprisonment law were also the areas of law in connection with which the largest number
of cases were opened in 2010, amounting to 24% of the total number of cases. In comparison to 2009,
the number of proceedings increased by almost a half with regard to issues of energy, public water supply
and sewerage law. The number of proceedings relating to pre-trial criminal procedure and social insurance
increased by one third.
By regional distribution, the largest number of cases were again based on petitions received from Tallinn
and Tartu. Among counties, Ida-Viru County still holds the first place, with one third of its proceedings
being related the activities of Viru Prison.
There was again a slight increase in the proportion of cases opened based on petitions in Estonian, making
up 78.1% of the total number of cases. The number of proceedings initiated based on petitions in Russian
dropped accordingly, making up 16.6% of the total number of cases.
The number of inspection visits in 2010 was slightly smaller than in 2009. During the reporting year, 42
inspection visits were carried out, of them 27 to supervise OPCAT institutions, 6 to open institutions, and
9 to administrative authorities.
In 2010, 177 individuals came to a reception in the Office of the Chancellor of Justice. Questions raised
during the receptions most frequently concerned issues relating to pre-trial criminal procedure, health law,
civil procedural law and law of obligations.
91
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents