Declaration by the Estonian Tenants’ Association
Regarding the Admission of the Forced Tenants’ Application
By the European Court of Human Rights
Märt Sults, the member of the Tallinn City Council, has informed the public that 43 members of the association “The Forced Tenants of Kopli” (“Kopli Sundüürnikud”) have filed an application to the European Court of Human Rights in order to receive a judgment whether these people have been treated in accordance with human rights. (Postimees, 3 Dec 2007). The European Court of Human Rights has now admitted the application filed by the forced tenants of the Põhja-Tallinn district, and we can expect the Court’s judgment concerning compliance with human rights in the process of the ownership reform in Estonia. We are all now hoping for a fair decision on the injustice caused.
This announcement caused a noteworthy, violent discussion at the Delfi portal; 80 comments were added on 2 and 3 December. Therefore, the Estonian Tenants’ Association finds that it is necessary to point out once more that, if we consider the following facts:
- The Earth is more or less round, and gravity exerts its force regardless of the political system in a country;
- In case of material assets, it is not possible, in reality, to regain today the assets/property of yesterday – be it land, forest or a house;
- Of all disciplines, it is economics which studies the nature and problems of wealth and material assets, and the aim of law is to provide the society with effective, practical rules and regulations concerning the use, possession and ownership of property;
then we must concede that in the course of the ownership reform not a single person has regained the property as it was 50 years ago – this applies to land, forest and houses. Instead, the officials have granted rights of ownership to the property of today, labelling this process as ‘restitution’; and this has been done on the basis of applications from subjects of law, and complying with or violating the laws and regulations in effect in the society.
By now, we know that the ideology and execution of the ownership reform – which was started 15 years ago and is still ongoing today – can only be the result of the cooperation between people ignorant in economics and people committing offences in matters of law, if we consider the general situation in 20th century Europe.
Due to all of the above, it is essential that people would know that Riigikogu has placed the execution of the entire ownership reform beyond the area of regulation of the Convention for the Protection of Human Rights and Fundamental Freedoms when Riigikogu included a reservation upon passing the “Act of Ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms” on 13 March 1996. And therefore, people’s proprietary rights – which the right to privatize an apartment is – are being violated as a state policy, so that giving property to some as a gift and robbing it from others is a legal activity in the Republic of Estonia.
We have written about this in relation with the ‘war of words’ in Riigikogu on 13 June 2007. http://www.kodueest.ee/cms/eesti/info/eesti-yyrnike-liidu-avaldus-su