Estonia: Information on whether an ethnic Russian who served in the Soviet military and signed a pledge agreeing not to reveal secret information is still bound by his pledge, on whether claiming refugee status abroad would be perceived as treason and a violation of the secrecy pledge, and on whether anyone has been prosecuted for treason since independence
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 February 1994 |
| Citation / Document Symbol | EST16503.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Estonia: Information on whether an ethnic Russian who served in the Soviet military and signed a pledge agreeing not to reveal secret information is still bound by his pledge, on whether claiming refugee status abroad would be perceived as treason and a violation of the secrecy pledge, and on whether anyone has been prosecuted for treason since independence, 1 February 1994, EST16503.E, available at: https://www.refworld.org/docid/3ae6ad2520.html [accessed 3 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to a representative of the Commission on Security and Cooperation in Europe (CSCE) in Washington, DC, the Estonian authorities might not prosecute an ethnic Russian who, at the time he served in the Soviet army, pledged not to divulge the content of secret documents (17 Feb. 1994). The representative indicated however that a person could be prosecuted on these grounds if he ever returned to Russia, the successor state to the Soviet Union (ibid.). The same representative mentioned that there were cases of people being prosecuted by Russian authorities under old Soviet laws covering breach of secrecy (ibid.). He also mentioned the case of a scientist who was prosecuted by the Russian government for releasing secret scientific documents (ibid.).
According to a representative of the Consulate of Estonia in Toronto, Estonian citizens are not bound by secrecy pledges or oaths taken under the Soviet administration and are not liable to prosecution for treason by the Estonian government on grounds that they violated their pledge by defecting and seeking refugee status abroad (15 Feb. 1994).
According to a 30 December 1991 BBC Summary report, an ethnic Russian was charged with treason after being arrested for "carrying out a USSR presidential decree declaring the work of customs posts in the Baltic republics illegal and hindering the work of custom officers." For further information on this case, please consult the attached documents.
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
BBC Summary of World Broadcasts. 30 December 1991. "Estonia: Rally in Estonia in Support of Detainees." (NEXIS)
Consulate of Estonia, Toronto. 15 February 1994. Telephone interview with representative.
Commission on Security and Cooperation in Europe (CSCE), Washington, DC. 17 February 1994. Telephone conversation with representative.
Attachments
BBC Summary of World Broadcasts. 30 December 1991. "Estonia: Rally in Estonia in Support of Detainees." (NEXIS)
Russian Press Digest. 5 October 1991. A. Melchenkov. "Arrest of Igor Shepelevich." (NEXIS)
