The police’s actions in placing and detaining a member of Tallinn city council and owner of MEM Cafe, which did not comply with COVID-19 restrictions, in the cell of a police vehicle in the Old Town of Tallinn this spring were illegal, Tallinn administrative court has ruled.
The administrative court partially satisfied Elvis Brauer’s appeal against the Police and Border Guard Board regarding his claims for pecuniary and non-pecuniary compensation for the unlawful acts committed against him.
Brauer is a member of EKRE, a member of the Tallinn city council and runs the MEM Cafe in Tallinn’s Kalamaja district. The operation of the cafe was recently suspended by the Health Board because it did not comply with coronavirus restrictions.
The court found that the police’s actions on April 11 to establish Brauer’s identity and carry out a security check were justified, but it was illegal to place him in the cell of a police vehicle.
The court noted that this activity qualifies as deprivation of liberty, and according to the law, a natural person may demand financial compensation for non-pecuniary damage if deprived of liberty.
