Inspectors of the environmental inspectorate confused with the right to apply direct coercion

Abstract

According to the Law Enforcement Act valid in Estonia, the police are the only general law enforcement institution that has a right to use physical force, special equipment or a weapon. The allowed special equipment are handcuffs, shackles, binding means, service animal, technical barrier, means to force a vehicle to stop, water cannon, etc. Police service weapons are firearms, gas, electric shock weapon, pneumatic and cutand- thrust weapons. Pursuant to the Environmental Supervision Act, environmental inspectors (hereinafter inspectors) of the Environmental Inspectorate (EI) can apply direct coercion with the means and in the extent stated in specific laws. From amongst the means of direct coercion, a competent official can only use physical force, handcuffs, a service animal and a firearm. Upon performing their duties stated by the legislator, there may be a situation in which the inspector may need to use more means than so far stated in specific acts of law. In 2014 there was a need to legalise the police official’s self-defence regulation. The same should also apply for other public safety officials, incl. EI inspectors, who can risk their life and health while performing their professional duties. There is an analysis that shows that the number of means of direct coercion the EI inspectors can currently use is not enough to fulfil the tasks stated by the legislator. There is no regulation for the officials’ right for self-defence and their direct coercion related training programme needs amending.