Subject: FAO Madame Minister Liisa-Ly Pakosta
From: "Liz Ayre" <[email-masked]>
To: "Justiits- ja Digiministeerium" <[email-masked]>
Cc: "Contact" <[email-masked]>
Date: Wed, 4 Mar 2026 18:07:09 +0200

Tähelepanu! Tegemist on välisvõrgust saabunud kirjaga.
Tundmatu saatja korral palume linke ja faile mitte avada.

TO:

Madame Minister Liisa-Ly Pakosta
Ministry of Justice and Digital Affairs
Suur-Ameerika 1, 10122 Tallinn
Estonia

Dear Madame Minister,

On behalf of the Children of Prisoners Europe (COPE) network, I would like 
to thank the Ministry of Justice and Digital Affairs for the constructive 
and open cooperation we have developed over recent years to strengthen the 
protection of the rights and wellbeing of children with a parent in custody.

We particularly value the Ministry’s commitment to raising these issues 
higher on the agenda, through our joint efforts to work more closely with 
prison and probation services. The training sessions which COPE delivered in 
2022 for prison and probation officers on the rights and needs of children 
when separated from a parent in prison, as well as the Ministry’s launch in 
October 2025 of a family-based approach training for prison staff, represent 
important and commendable steps forward.

This spirit of cooperation was further reinforced during the very positive 
and constructive cross-sectoral meeting hosted by the Ministry in Tallinn in 
November 2025, where representatives from the Prison Service, the Social 
Insurance Board and civil society discussed practical ways to improve 
children’s experiences when visiting a parent in prison. We welcome the 
Ministry’s proposal to continue this work in 2026, including the 
organisation of a practical seminar for prison officers focused on better 
supporting children and understanding their experiences.

It is precisely in this context of close collaboration and shared commitment 
that we wish to raise concerns regarding the impending arrangement to 
transfer individuals currently held in Swedish prisons to Estonian prisons 
to serve their sentences.

COPE is particularly concerned that this arrangement risks leading to a 
deterioration of visiting rights and actual visiting opportunities. Families 
of imprisoned persons are very often already in a financially vulnerable 
situation. Requiring them to bear the full cost of international travel, 
possible accommodation, and—in the case of long-term visits—fees for 
premises, food and other supplies, creates a substantial barrier to 
maintaining regular in-person contact.

We note that Estonia stands out within the EU for having a statutory 
requirement that long-term family visit costs are borne by the prisoner or 
visitor, with no state-subsidised free alternative. Swedish families would 
therefore be subject not only to international travel expenses, but also to 
prison-related fees that they would not incur if visits took place in 
Sweden.

While we recognise the increasing availability of video calls, it is 
essential to stress that remote communication cannot replace in-person 
contact, particularly for children. The Council of Europe Committee of 
Ministers’ Guidelines CM/Rec(2018)5 concerning children with imprisoned 
parents make clear that video calls must be an additional means of 
communication, not a substitute for in-person contact, and that assistance 
should be provided where families lack the financial means to maintain 
communication. The European Court of Human Rights has likewise repeatedly 
underlined the importance of regular, ongoing contact between children and a 
parent in custody, and has found violations of Article 8 of the Convention 
in situations where distance and practical barriers rendered such contact 
ineffective. In its judgment in Deltuva v. Lithuania, the Court explicitly 
examined visiting rights from the perspective of children’s rights and 
highlighted the negative impact of missed visits on children.

This is not solely a matter of the rights of people in prison, but 
fundamentally the right of children to maintain regular and direct contact 
with a parent who is in prison. Estonia therefore also bears a 
responsibility to ensure that children affected by these transfers have 
guaranteed and genuine opportunities for in-person contact.

In this light, COPE respectfully encourages consideration of solutions that 
would enable family visits without imposing additional financial burdens on 
families. Such solutions could include, for example:

* the development by Sweden of a dedicated support scheme to cover travel 
and accommodation costs for family visits—COPE will highlight this in its 
correspondence with the Swedish Justice Ministry;
* the waiving by Estonia of visit-related fees for prisoners transferred 
from Sweden or the inclusion of these costs within the overall invoicing to 
Sweden;
* ensuring that video calls are available in all relevant prisons as a 
supplement, while clearly maintaining in-person visits as the cornerstone of 
parent–child contact.

COPE remains fully committed to continuing its constructive engagement with 
the Ministry, the Prison Service and Swedish counterparts on this issue. We 
firmly believe that thoughtful and cooperative dialogue can help ensure that 
the Estonian–Swedish prison arrangement reflects not only operational 
considerations, but also the shared European commitment to protecting 
children’s rights, wellbeing and development.

We look forward to continuing our joint work in 2026 and would welcome the 
opportunity to further discuss these concerns and potential solutions.

Yours respectfully,

Liz Ayre

----------- 

Liz Ayre, PhD │ Executive Director │ Children of Prisoners Europe│ 
www.childrenofprisoners.eu <http://www.childrenofprisoners.eu/>  │Tel: +33 
(0)6 48 23 55 73 │ Email: liz.ayr <mailto:[email-masked]> 
[email-masked] <mailto:[email-masked]>  │

 <https://childrenofprisoners.eu/make-a-donation/>

    <https://docs.google.com/uc?export=download&id=1uKLLS7r3fTkty04bZbu4SBU2x6o0C1dU&revid=0Byyr9ot-LprqNmo3Q0tNZTQyWXNDSmkzUVdRVkhCVi9QaS9nPQ>
  <https://ci3.googleusercontent.com/mail-sig/AIorK4wDuR3q2l6fGwLxlD9J9uvtjXX7CH1hQEc8P3IRAdQYEHgzaDzF_T1qmfZ4gojlgoiO7P-ncfg>

 <https://www.youtube.com/watch?v=RaChU-oql7Q>