Limits of Rights and Warranties in Criminal Procedures Caused by the State of Emergency – Estonian Experience from the War of Independence

The Provisional Government of the Republic of Estonia in November 1918 had barely begun to build up the statehood and its legal order, when Bolshevik Russia attacked Estonia. In this state of war, field courts were established as a form of extraordinary military justice. This article examines their legal framework, particularly the rules governing the court procedures. The practice of field courts was more repressive than what would have been allowed by the Military Justice Codes that were in force at the time. This repressive trend was further intensified by the individual actions of the Estonian military leadership, aiming to maintain order and security in the country.