Threats against bailiffs have become more frequent in Estonia. The Chamber of Bailiffs and Trustees in Bankruptcy calls for action from policymakers and the police.
There have been cases in Estonia in which bailiffs' property has suffered varying degrees of damage. The incidents do not always involve physical attacks, with bailiffs frequently facing insults, threats and humiliation. The situation has worsened in recent years, said Arvi Pink, a board member of the Chamber of Bailiffs and Trustees in Bankruptcy.
"The question here is how the state can assert its authority in such a situation. These 35 bailiffs are an integral part of our state governed by the rule of law," Pink said.
Pink added that while law enforcement agencies respond to physical violence, they tend not to respond to threats and intimidation.
"Is the attitude that this simply comes with the job and should be considered normal or is it actually unacceptable? Our position is that it is unacceptable," Pink stressed. He also gave an example.
"A mother of two receives a photo of knives and brass knuckles from a debtor who works as a butcher, along with a message saying, 'I intend to use these on you!' When we contacted law enforcement, the response was that this comes with our job, that it does not constitute a real threat and so on."
Police recommend reporting all threats, regardless of the circumstances. If there is an immediate danger, a police patrol should be called to the scene. In the case of a written threat, it should be documented and forwarded to the police who will then decide what action to take, explained Anders Allandi, head of the investigation unit at the Ida-Harju Police Station.
"If the elements of a criminal offense are present, we will initiate criminal proceedings. However, when it comes to threats, it is very important for an independent third party to assess the situation objectively and determine how credible the threat is and whether there is reason to believe it will actually be carried out. A bailiff's work is inherently somewhat confrontational: When an ordinary person faces debt collection proceedings, it creates tension and they may often make emotional statements that they do not necessarily mean," Allandi said.
In its appeal, the chamber also noted that bailiffs today face so-called sovereign citizens who believe that the government and other institutions constitute a "malicious elite" conspiring against citizens. As a result, sovereign citizens believe they are not obliged to comply with laws, regulations or court rulings. The Chamber of Bailiffs and Trustees in Bankruptcy stressed that this issue must be addressed and limits must be set.
"Bailiffs exercise public authority, which is state authority. If people are allowed to treat bailiffs the way they are sometimes treated today, debtors and citizens more broadly will come to believe that such behavior is acceptable. This, in turn, undermines the very foundations of the rule of law and, ultimately, our entire state," Pink said.
The Chamber of Bailiffs and Trustees in Bankruptcy has also proposed a meeting with the minister of justice and digital affairs to discuss ways to prevent or mitigate dangerous situations. The meeting has yet to take place, but Minister Liisa-Ly Pakosta said in a written response that she is willing to discuss possible next steps.
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