Inquiry Regarding the Pihlakodu Case and the Prosecutor's Office Activities (no 748)
Session: 15th Riigikogu, Fifth Session, Plenary Session
Date: 2025-06-02 20:00
Total Speeches: 51
Membership: 15
Agenda Duration: 1h 22m
AI Summaries: 51/51 Speeches (100.0%)
Analysis: Structured Analysis
Politicians Speaking Time
Politicians
Analysis
Summary
The present agenda item concerned the interpellation presented by Members of the Riigikogu Züleyxa Izmailova, Riina Sikkuti and others to the Minister of Justice and Digital Transformation, Liisa-Ly Pakosta, regarding the Tabasalu Pihlakodu case and the Prosecutor's Office’s activities. The questioners sharply criticised the Prosecutor's Office's initial position, according to which rape may not cause damage to the victim, and the decision not to initiate criminal proceedings against the legal entity (Pihlakodu AS), despite alleged deficiencies in work organisation and supervision. Minister Pakosta emphasised, in her responses, the Prosecutor's Office’s independence in criminal proceedings and confirmed that the Prosecutor's Office's previously controversial statement was an "extremely failed expression" for which an apology has been made. She noted that the Prosecutor's Office did everything possible to bring the perpetrator to court and requested state legal aid for the victims. According to the Minister, the Bar Association’s Chamber of Honour is currently investigating why the representative appointed by the state failed to submit claims for non-pecuniary damage on behalf of the victims. The questioners expressed continued concern about the undermining of the public's sense of justice and the inadequate protection of vulnerable individuals within the Estonian legal system, demanding specific legislative amendments, especially the expedited processing of the consent law (yes-model) and the clarification of the provision on the liability of legal entities.
Decisions Made 1
Decisions were not made.
Most Active Speaker
Züleyxa Izmailova (left)
Esimees Lauri Hussar
AI Summary
The Riigikogu will consider, under today's second agenda item, the interpellation submitted on April 14 concerning the Pihlakodu case and the activities of the Prosecutor's Office, which will be introduced by Züleyxa Izmailova.
Züleyxa Izmailova
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
On April 14, we, along with the Social Democrats, filed an interpellation with the Minister of Justice and Digital Affairs, Liisa-Ly Pakosta, concerning the Pihlakodu case. We asked the Minister whether she agrees with the Prosecutor's Office's assertion that rape may not necessarily cause harm to the victim, what disciplinary and internal control measures are currently in force, and whether there are plans for independent oversight and an action plan for the Minister for the coming months to protect the rights and human dignity of vulnerable persons and prevent the recurrence of such statements.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar thanked [the previous speaker/group] and announced that Justice and Digital Minister Liisa-Ly Pakosta would be called to the Riigikogu rostrum to answer the interpellation.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Pakosta stated that the Prosecutor's Office must always recognize that rape causes harm to the victim and must work to protect victims by balancing impartiality and fact-based evidence. She expressed regret regarding the irregular claim and confirmed that the minister lacks the authority to initiate disciplinary proceedings or organize independent supervision of the Prosecutor's Office, while emphasizing that going forward, in order to better protect victims' rights and human dignity, prevention must be increased and the 'yes-means-yes' model of consent law must be adopted.
Esimees Lauri Hussar
AI Summary
The Chairman thanked the Minister and asked Riina Sikkut to ask questions.
Riina Sikkut
Profiling Sotsiaaldemokraatliku Erakonna fraktsioonAI Summary
Riina Sikkut inquired when the chamber would discuss and begin processing the affirmative consent law (the 'yes-model'), stressing that the consent of both partners is necessary and that the Pihlakodu case has increased awareness of this issue.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta offered her thanks and noted that the issue is highly important, expressing hope that it will be addressed during the autumn session.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar invites Reili Rand to speak.
Reili Rand
Profiling Sotsiaaldemokraatliku Erakonna fraktsioonAI Summary
Reili Rand requested clarification on the measures she plans to implement within her administrative area (or: portfolio) to ensure that, going forward, no vulnerable person is left without legal protection merely because the Estonian legal system is unable to ascertain the suffering and damage experienced by victims when the victim cannot express what they have gone through in words.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
According to Liisa-Ly Pakosta, the Minister of Justice and Digital Affairs, the prosecutor's office has brought the accused to court and is demanding the maximum penalty for them, but the claim for non-pecuniary damage, or compensation, must be submitted through the state representative. Furthermore, the minister has contacted the Bar Association to get clarification on why the victims' representative failed to submit this claim.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar invites Anastassia Kovalenko-Kõlvart to the stage.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
Anastassia Kovalenko-Kõlvart expressed concern regarding why proceedings were not initiated against the legal entity, noting that this provision is extremely broad and difficult to interpret, which has set a negative precedent, and she called upon lawmakers – perhaps in collaboration with the Ministry of Justice – to review and clarify the provision concerning the liability of legal entities.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta explained that the amendment to the law, which entered into force on November 1, 2023, introduces organizational liability for a legal entity if a crime is committed in the interest of the company or due to deficiencies in work organization and supervision, and charges will only be filed based on concrete evidence.
Helmen Kütt
Profiling Sotsiaaldemokraatliku Erakonna fraktsioonAI Summary
Helmen Kütt stated that the violent incidents occurring in the territory, coupled with the lack of shared accountability for them, is unsustainable. We must therefore improve prevention, training, and the assumption of real responsibility, as the current service is both high-priced and insufficient, and excuses will not remedy the situation.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar invited Helmen Kütt to the stage.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Pakosta stated that the incident has profoundly violated the sense of justice, the prosecution did not find guilt in the criminal proceedings, and furthermore, non-material damage must be compensated in civil proceedings, as demonstrated by international practice.
Martin Helme
Profiling Eesti Konservatiivse Rahvaerakonna fraktsioonAI Summary
Martin Helme claims that there is no genuine rule of law in Estonia, arguing that the prosecutor's office does not initiate charges based solely on the existence of evidence, and is instead involved in the affairs of the Reform Party mafia. He references the cases of Kert Kingo and Marti Kuusik, and asks who should intervene when the prosecutor's office has failed.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar invites Martin Helme to take the floor.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Pakosta stated that the ministry lacks the authority to exercise administrative supervision over the Prosecutor's Office, and the Riigikogu has clearly determined by law that this supervision does not extend to the planning of surveillance activities, pre-trial criminal proceedings, or the representation of the state prosecution in court.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar calls upon Tanel Kiik to speak.
Tanel Kiik
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Tanel Kiik addressed the issue of the public's sense of justice, contrasting various decisions made by the Prosecutor's Office and asking whether the minister saw a problem with the public juxtaposing these decisions.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
According to Minister of Justice and Digital Affairs Liisa-Ly Pakosta, the unfortunate statement caused deep distress to people's sense of justice, and citizens have the right to voice their concerns. Decisions made by the Prosecutor’s Office can be appealed, and the court oversees their actions, and although a better system has yet to be devised, Estonian justice and legal stability ensure order.
Esimees Lauri Hussar
AI Summary
At the beginning of the address, Lauri Läänemets was called onto the stage.
Lauri Läänemets
Profiling Sotsiaaldemokraatliku Erakonna fraktsioonAI Summary
Lauri Läänemets emphasizes that a democratic state must not dictate to the Prosecutor's Office, and that justice, as a constitutional value, must be protected. He also highlights the decline in public trust as a security threat and asks the minister for three specific legislative steps to ensure that similar incidents do not recur.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Liisa-Ly Pakosta stated that no country can successfully reduce crime to zero and the risk will always remain. She emphasized that she is not being populist and stressed that there are no simple solutions for this specific case, but cooperation has taken place, resulting in roundtable-based proposals aimed at improving the organization of work and contract terms in care homes, including the option to exclude male caregivers and the consideration of relatives' wishes. She hopes that the Ministry of Social Affairs' supervision of care homes can be better organized in the future, for which proposals have been made.
Esimees Lauri Hussar
AI Summary
The Chairman invited Züleyxa Izmailova to speak.
Züleyxa Izmailova
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Züleyxa Izmailova notes that the victims' relatives have stated that, based on the prosecutor's recommendation, charges were dropped against Pihlakodu, a company earning millions in profit. The justification given was that the case was unusual and there was little hope of winning. Furthermore, the state initially claimed that no claim could be filed against Pihlakodu, and ultimately decided not to initiate criminal proceedings. This demonstrates a breach of promises and occurred despite warnings, given that the care home hired the rapist and allowed him onto the premises.
Esimees Lauri Hussar
AI Summary
This speech calls the audience to action, stating that “Your time” has come.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
The speaker corrects erroneous claims, explains the complexity of the criminal proceedings concerning sexual abuse at Tabasalu Pihlakodu, and confirms that the law permits the appointment of a representative for the victims and that the Prosecutor's Office did everything to protect their property rights, mitigate damages, and ensure justice.
Esimees Lauri Hussar
AI Summary
The Chairman asks Evelin Poolamets to come up and speak.
Evelin Poolamets
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Evelin Poolamets criticizes the minister, stating that his responses seem to neither grasp nor want to grasp what transpired. She then asks what the ministry has learned from this and what steps will be taken in the future to prevent similar incidents.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta stated that preventing crimes in care homes and protecting vulnerable residents requires a multi-level approach. This is necessary given that the criminal law amendment, which took effect in November 2023, failed to establish a link between organizational shortcomings and the crime in the Pihlakodu case. Furthermore, she emphasized the need to increase workplace supervision, boost employee awareness, and improve public outreach efforts to reduce similar incidents going forward.
Esimees Lauri Hussar
AI Summary
Chairman Hussar asks to give the floor to Anti Allas.
Anti Allas
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Anti Allas complains that the incident is being defended and justified because of a single poorly worded statement, and calls on the prosecutor to elaborate on the root problem that created this situation, urging the state to find solutions to prevent similar occurrences in the future.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
According to Liisa-Ly Pakosta, the Minister of Justice and Digital Affairs, the Prosecutor's Office has drawn clear conclusions regarding public communication and is currently seeking candidates for the head of public relations. She emphasized that crimes will be punished and victims may be paid damages, for which the Prosecutor's Office requested a state-provided assistant. However, this individual did not apply for the funds, which is why the Minister turned to the Bar Association's Court of Honour to clarify whether and what changes need to be considered.
Esimees Lauri Hussar
AI Summary
The Chairman, Lauri Hussar, invites Riina Solman to the stage.
Riina Solman
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Riina Solman stressed the necessity of establishing a clear chain of accountability and defining state responsibility within the legal framework, ensuring that the abuses that occurred in care homes do not recur and that robust oversight is in place.
Justiits- ja digiminister Liisa-Ly Pakosta
AI Summary
Minister of Justice and Digital Affairs Liisa-Ly Pakosta expressed deep condolences to the victims, confirmed that the hiring process followed the required checks and that the information available at the time showed no impediment. She stressed the importance of improving the contractual relations of care homes and ensuring specialized education for personnel, and stated that under the leadership of the Ministry of Social Affairs, in cooperation with the Prosecutor's Office and the Ministry of Justice and Digital Affairs, they would review how to improve organizational accountability and whether to expand it. However, specific proposals have not yet been submitted, and according to the assessment of the Prosecutor's Office, the causal link remains valid.
Esimees Lauri Hussar
AI Summary
Chairman Lauri Hussar thanked the minister, announced that there were no further questions, opened the debate, and invited Züleyxa Izmailova, the representative of the interpellators, back to the Riigikogu rostrum.
Züleyxa Izmailova
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Izmailova claimed that the Pihlakodu case exposes a systemic lack of protection for the rights of vulnerable persons, and she called on the state and care homes to take responsibility and improve oversight so that Estonia can become a truly functioning rule of law state.
Aseesimees Toomas Kivimägi
AI Summary
Toomas Kivimägi is asking for three more minutes.
Züleyxa Izmailova
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
The events taking place in care homes concern all of us, and our moral compass should not be swayed by those in positions of power or by government agencies. I am deeply disappointed because I had hoped the minister would present some proposals within two months on how to prevent similar situations in the future, but he admitted that he has none.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Speaker Toomas Kivimägi thanks you, calls upon Anastassia Kovalenko-Kõlvart, and requests additional time—a total of eight minutes.
Anastassia Kovalenko-Kõlvart
Profiling Eesti Keskerakonna fraktsioonAI Summary
Anastassia Kovalenko-Kõlvart, in the context of the Pihlakodu case, raises the issues of how inconsistent the state's signals were to the victims and why the prosecutor's office did not initiate proceedings against the legal entity, even though the law permits it and a precedent would help prevent similar cases in the future.
Aseesimees Toomas Kivimägi
AI Summary
The speaker offers heartfelt thanks and invites Riina Solman.
Riina Solman
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Riina Solman emphasized that preventing the abuse of people with dementia in care homes requires prevention measures, a clear chain of accountability, and legislative reform. This reform must include expanding the criminal liability of care facilities, enhanced oversight, and trained staff.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi simply notes that the speech will last three minutes.
Riina Solman
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Riina Solman emphasizes that the dignity of residents in care homes must be ensured through effective prevention, improved quality of work, clear regulation, and a discussion about a gender-based approach, because the current system and its reform rely too heavily on reactive measures.
Aseesimees Toomas Kivimägi
AI Summary
The Deputy Chair thanks everyone and invites Evelin Poolamets to speak.
Evelin Poolamets
Profiling Fraktsiooni mittekuuluvad Riigikogu liikmedAI Summary
Evelin Poolamets claims that the case of the Tabasalu Pihlakodu care home represents a systemic failure, both morally and institutionally, and that the inaction of the Ministry of Justice and the Prosecutor's Office must not allow the rapes that occurred in the care home, along with the mental and physical harm suffered by the victims, to remain unpunished or uncompensated as an unforeseen risk.
Aseesimees Toomas Kivimägi
AI Summary
Deputy Chairman Toomas Kivimägi thanked the participants, closed the debate, and announced that the discussion of agenda item No. 2 had been concluded and they had proceeded to the third item.