European Court of Human Rights Drops Prison Smoking Ban Case

The European Court of Human Rights (ECHR) has decided not to proceed with a case concerning Estonia's ban on smoking in prisons, effectively withdrawing an earlier judgment that had declared the prohibition a violation of human rights. The Strasbourg-based institution announced Tuesday that its previous finding would have no legal effect.

In November 2025, the ECHR had ruled, by a narrow four-to-three margin, that Estonia's total smoking ban in prisons, introduced in 2017 for health and security reasons, infringed upon prisoners' right to privacy. The case was brought forward by three inmates who reported withdrawal symptoms and had exhausted domestic legal avenues.

However, the Estonian government requested a review by the Grand Chamber, the ECHR's highest body. During this review process, it emerged that the lawyer representing the inmates had left the legal profession. Furthermore, two of the three original plaintiffs had been released from prison and could not be located, while the third plaintiff had died in March 2026. Due to the unavailability of the parties involved, the Court has relinquished its jurisdiction over the matter, rendering its initial ruling moot.