European Court of Human Rights closes case: Estonia's prisons remain smoke-free

The Grand Chamber of the European Court of Human Rights closed proceedings on Wednesday, 30 June 2026, regarding Estonia's smoking ban in prisons, as it was unable to maintain contact with the applicants. This means that the tobacco policy in force in Estonian prisons remains unchanged, and the facilities will continue to operate under a smoke-free regime.

The European Court of Human Rights (ECtHR) announced on Wednesday, 30 June 2026, that Grand Chamber proceedings regarding Estonia's smoking ban in prisons have been closed without a substantive decision, as the Court was unable to maintain further contact with the applicants. The existing smoking ban will therefore remain in full force in Estonian prisons.

Nine years of smoke-free prison life

Smoking was banned in Estonian prisons on 1 October 2017. The aim of the ban was to protect people from tobacco smoke, reduce fire risk, and prevent cigarettes from being used as a medium of exchange and means of influence within prisons. The ban applies to both inmates and prison staff.

The Director of the Prison Service, Raivo Kuuse, emphasised that Estonia's smoke-free prison policy continues to serve as a model for other countries. "Estonian prisons have been smoke-free for nine years, and we have stood firm to ensure this does not change. True, the Court's substantive assessment was not forthcoming, but our position remains the same: smoking damages health, poses a security risk, and has no place in a prison environment," Kuuse said.

How the case reached the Court

In 2021, four inmates turned to the ECtHR, arguing that the complete smoking ban violated their right to a private life. In November 2025, a seven-member chamber found, by the narrowest majority, that Estonia had failed to give sufficient consideration to the ability of smoking inmates to make choices concerning their health when implementing the ban.

Estonia disagreed with this decision and requested that the case be referred to the Grand Chamber. In March 2026, the Grand Chamber accepted the referral. Now, however, the Grand Chamber has closed the proceedings without a substantive decision, as the applicants were no longer available to the Court and did not express a wish to continue proceedings.

Previous ruling does not take effect

Since the ECtHR's Grand Chamber has closed proceedings, the Chamber's previous ruling, which would have required Estonia to reconsider its policy, will not take effect. Estonian prisons will therefore continue to operate under a smoke-free regime, a policy the state has consistently defended over nine years.