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Meeting of State Defense Council
01.10.1997

The State Defense Council discussed in Kadriorg on Oct. 1 1997 the report by the Governmental Commission, set up with the task to clarify the reasons, leading to a major disaster in Kurkse; it also looked at the released summary of the resolution of the Government of Sept. 30.
President Meri emphasized the value of the report, for anticipating and prevention of similar disasters. President, however pointed out that he could not understand why the press release of the Government deemed it expedient to suggest, by referring to names, who should be taken legal action against, the more so in view of the fact that the Security Police had started investigation as early as the evening of the day of disaster; and why the Government restricted the circle of potential subjects of criminal liability exclusively to the servicemen of the Defense Force, leaving out the Ministry of Defense.
The report specifically underlined that the Ministry of Defense had failed to draw and submit to Riigikogu (the Parliament) the draft laws, as specified by the Government scheme. Lacking to this very moment is the legislative basis necessary for formation and activity of the BaltPat (Baltic Battalion). Formation of the BaltPat is a complicated project, revealing military, political and legal aspects. Responsible for the first aspect is the General Staff of Defense Forces; responsible for the second and the third ones is, however the Ministry of Defense. Successful participation of the BaltPat this summer in the “Baltic Challenge” military exercises proved that the General Staff of Defense Forces had complied with its assignment. Liable for the deplorable lack of legal basis is the Ministry of Defense, whose job it is to effect civil control over the Defense Force, subject to laws. Currently the state defense has developed an impossible situation, according to which the BaltPat exists de facto, however does not exist de jure. This legal vacuum obfuscated the chain of command, costing the fourteen peace keepers their lives in Kurkse disaster.
President expressed his hope that the reports by the Minister of Defense and the Chief of Defense Force, contemplated by the Government, will provide to the Government an opportunity to eliminate the currently dominating legal vacuum. This would also create an important pre-condition for guaranteeing strict discipline in the Defense Force.
There were some objections voiced to President.
State Defense Council was followed by a regular conference of President, the Prime Minister and the Foreign Minister.


President’s Office Information Service
Kadriorg, October 1, 1997

 

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