ECHR Discontinues Case on Smoking Ban in Estonian Prisons – Ban Remains

The European Court of Human Rights (ECHR) announced on Wednesday, June 30, that the Grand Chamber has ended the dispute over the smoking ban in Estonian prisons without a substantive ruling, as the applicants could no longer be contacted. This means the existing ban on tobacco use in Estonian prisons remains in effect.

According to Rait Kuuse, head of the Estonian Prison Service, the country’s tobacco-free prison environment continues to serve as an example for other nations. He stated that Estonian prisons have been smoke-free for nine years and that authorities defended the ban to keep it unchanged. Kuuse emphasized that smoking is harmful to health, poses a security risk, and is unsuitable for a prison setting.

The smoking ban was introduced in Estonian prisons on October 1, 2017. Its goals include protecting people from tobacco smoke, reducing fire hazards, and preventing cigarettes from being used as currency or a means of influence. The ban applies to both inmates and prison staff.

In 2021, four prisoners filed a complaint with the ECHR, arguing that the total smoking ban violated their right to private life. In November 2025, a seven-judge chamber concluded by a narrow majority that Estonia had not sufficiently assessed the ability of smoking prisoners to make choices about their health when introducing the ban.

Estonia disagreed with that ruling and requested a review by the Grand Chamber. In March 2026, the Grand Chamber accepted the case, but has now discontinued proceedings because the applicants were no longer reachable and did not wish to continue. As a result, the previous chamber decision will not take effect, and Estonian prisons will remain tobacco-free.