21.11.2025 Dispute Resolution Penal Law and Law of Criminal Procedure

Lada Riisna and Gretta Oltjer-Timberg represent the detained underwater robot’s owner, Magellan Ltd, against the Estonian state before the European Court of Human Rights

In connection with the case involving the underwater robot detained in Estonia, the Guernsey company Magellan Ltd, known for its exploration of the Titanic, submitted a complaint to the European Court of Human Rights (ECHR) in October. The company claims that the Estonian courts violated its right to a fair trial and its right to the protection of property.

The complaint concerns the court decision by which, in June 2025, the remotely operated underwater vehicle Argus Worker—owned by the company—and the LARS system required for its operation were seized. The company argues that the rulings of the Harju County Court and the Tallinn Circuit Court are contrary to Article 6(1) of the European Convention on Human Rights (right to a fair trial) and Article 1 of Protocol No. 1 (protection of property).

According to the defence, the Circuit Court did not substantively assess the key arguments and evidence presented in the appeal, which concerned both the justification of the criminal suspicion and the necessity and proportionality of the seizure. The court also failed to ensure equality of arms during the proceedings, ignoring the defence’s references to serious procedural and protocol violations. In addition, the applicant argues that the seizure of the equipment lacked a legal basis. The purpose of the seizure was not to secure possible confiscation but rather to artificially keep the criminal proceedings alive and to avoid limitation of criminal proceedings.

The County Court did not consider less burdensome alternatives—such as replacing confiscation with a monetary amount—nor did it take into account that the equipment had already been in the state’s possession and under guard for more than four years. It also did not consider that in 2022 the investigator confirmed that all procedural acts involving the equipment had been completed and that the state no longer had any need to retain it.

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