KALDA v. ESTONIA JUDGMENT
15
statement that granting access to additional Internet sites could increase the
risk of detainees engaging in prohibited communication, thus giving rise to
the need for increased levels of monitoring. The Court also considers that
the Supreme Court and the Government have failed to convincingly
demonstrate that giving the applicant access to three additional websites
would have caused any noteworthy additional costs. In these circumstances,
the Court is not persuaded that sufficient reasons have been put forward in
the present case to justify the interference with the applicant’s right to
receive information.
54. The Court concludes that the interference with the applicant’s right
to receive information, in the specific circumstances of the present case,
cannot be regarded as having been necessary in a democratic society.
There has accordingly been a violation of Article 10 of the Convention.
II. APPLICATION OF ARTICLE 41 OF THE CONVENTION
55. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols
thereto, and if the internal law of the High Contracting Party concerned allows only
partial reparation to be made, the Court shall, if necessary, afford just satisfaction to
the injured party.”
A. Damage
56. The applicant claimed compensation for the non-pecuniary damage
he had sustained as a result of the alleged violation of his rights and asked
the Court to determine a fair level of compensation.
57. The Government considered that given that the Convention had not
been violated in respect of the applicant, there was no basis for awarding
any compensation. Furthermore, they submitted that, should the Court find a
violation of the applicant’s rights, such a finding would in itself constitute
sufficient just satisfaction.
58. The Court considers that in the circumstances of this case the finding
of a violation constitutes in itself sufficient just satisfaction for any nonpecuniary damage sustained by the applicant.
B. Costs and expenses
59. The applicant claimed reimbursement of courier costs, without
specifying the sum claimed.
60. The Government asked the Court to reject this claim as the sum had
not been specified and no evidence regarding the costs borne had been
submitted.
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