Cobalt has successfully represented Estonian citizen Ivan Turogin before the Supreme Court on the admissibility of electronic surveillance as an alternative to arrest for defendants during extradition proceedings.
According to the firm, the background of the case related to its client "providing cryptocurrency mining services and [being] now sought by the US for extradition. US authorities allege that the Estonian businessman, along with his business partner, had cheated out USD 575 million from customers. At the request of the US, the court has arrested USD 145 million worth of property and the businessmen have been taken into custody until the end of extradition proceedings with the permission of the court."
"According to the case law of the Supreme Court that has been in force for ten years, there was no other lenient alternative to the arrest of the person whose extradition is sought," Cobalt reported, highlighting that the court's new decision "changes the current case law."
According to Cobalt, in this case "the court took the position that it is in accordance with the constitution, the European Convention on Human Rights, and the practice of the European Court of Human Rights, [and] the Estonian court can apply other measures that are less restrictive to the fundamental rights of individuals (electronic surveillance, bail) instead of arrest. The Supreme Court found that the continuation of the current situation could be in violation of the requirement of proportionality laid down in the Constitution."
Finally, the firm announced that "the recent Supreme Court ruling also has wider implications because, according to previous case law, [defense counsels] formally moved along with the proceedings without having the opportunity to effectively protect the client from arrest. The Supreme Court now emphasizes that, just like the prosecution, [defense counsels] must have the same opportunity to present evidence that refutes the prosecution’s claims about the necessity of the arrest. The recent judicial decision thus significantly improves the right to effective judicial protection."
The Cobalt team included Senior Associates Karl Kask and Artur Knjazev and Assistant Lawyer Alina Laansoo.