According to the prosecutor's office, the data from the State Control inspection regarding the sale of timber by the State Forest Management Center (RMK) does not contain sufficient information to initiate a criminal case on the basis of the anti-corruption law. The police are waiting for signals from those who know something about some illegal activities. :format(webp)/nginx/o/2024/07/17/16227264t1hc681.jpg)
Head of RMK Mikk Marran. Photo: Sander Ilvest
According to the prosecutor's office, the data from the State Control inspection regarding the sale of timber by the State Forest Management Center (RMK) does not contain sufficient information to initiate a criminal case on the basis of the anti-corruption law. The police are waiting for signals from those who know something about some illegal activities.
Translation: Pavel Sobolev
“We have assessed the circumstances set out in the State Control inspection report on the circumstances of the sale of timber to RMK, and, based on the data known to the prosecutor’s office, there are no grounds for initiating a criminal case,” commented Marek Soomaa, senior prosecutor for economic and corruption crimes of the district prosecutor’s office.
According to him, to initiate a criminal case you need a motive and a basis. “Proceedings must not be instituted for the purpose of searching for a crime; already on the basis of primary information there should be a conviction that a crime has been committed,” Soomaa explained. – To begin the procedure, it is necessary that the signs of a crime are already visible in the state inspection report. The prosecutor’s office sees no grounds for initiating a case based on the circumstances outlined in the audit data.”
Nils Sempelson, head of the Anti-Corruption Office of the Central Criminal Police, added: “If anyone has information about possible unfair contracts or other crimes, please report it to [email protected]. The police will definitely check all the evidence and, together with the prosecutor’s office, will decide to initiate an investigation procedure.”
The prosecutor's office thanked the National Audit Office for its thorough inspection. “The National Audit Office has done a commendable job of analyzing RMK’s work processes and identifying possible bottlenecks and threats to transparency and integrity,” Soomaa said. – RMK was given several recommendations on how to reduce the possible risk of corruption. It is extremely important to pay attention to this, and RMK has also taken steps to improve the situation.”
During the inspection, the State Audit Office repeatedly pointed out a number of violations by RMK officials, and there were also references to connections with officials of the former Ministry of Environment. It also highlights some of the companies that benefited most from the violations.
The National Audit Office itself did not file an application to initiate criminal proceedings, arguing that whether cooperation agreements concluded without a legal basis caused damage to the state or a state-owned commercial institution, and whether the conclusion of such agreements could be subject to the provisions of the Criminal Code, the relevant institutions could evaluate for yourself based on the facts published during the audit of the National Audit Office.
The Ministry of Climate Change continues to investigate
Actions that the National Audit Office has assessed as a violation of the law (sale of timber below the market price, illegal secret agreements) are currently being analyzed by the Ministry of Climate Change. First of all, the ministry, with the help of the Ministry of Finance, will find out whether RMK provided prohibited state assistance in the sale of timber to Graanul Invest and some other companies on the basis of illegal secret agreements.
Antti Tooming, vice-chancellor of the Ministry of Climate Change, explained to Postimees last week that the analysis will take time. “The topic of state aid is a very complex issue, and assessing whether it is prohibited or not requires a very systematic approach,” he emphasized. – The European Commission has established different criteria. We must analyze them. We, of course, today cannot yet say whether this was state aid or not.”
State Auditor Janar Holm confirmed in an interview with Postimees that, in his opinion, RMK violated several articles of the law. “RMK could not show us that the wood was always sold at a normal price,” he explained. “If wood material is not sold at a normal price, it is not in accordance with the law.”
In his opinion, secret agreements with Graanul Invest and some other companies are also illegal.
According to Holm, the question of whether government assistance is prohibited requires further analysis.
“There are four characteristics that constitute illegal government assistance: it involves the participation of public funds; special mode compared to the usual one; being selective about who gets access to special treatment; harm to the competitive situation. If these four aspects are present, then it is illegal government assistance,” Holm explained. – There is no doubt that the first three signs were present in the case of special secret agreements. Now the question is whether this has affected the competitive situation or not. Did this put anyone in a worse position? We haven't done such an in-depth analysis, but we might fear that it will. As a result, you will have to pay the difference. This is usually done by the company to which the claim is made.”
The head of RMK, Mikk Marran , said in an interview with Postimees that, in his opinion, RMK did not violate the law. “During the inspection of the State Audit Office, I did not find any indication of this,” he said.
