18
KALDA v. ESTONIA – SEPARATE OPINION
risks. In my view, it goes without saying that the purpose of serving a prison
sentence and of preventing crime are very important in the context of
prisoners’ access to means of communication, including access to the
Internet. To grant prisoners access to the Internet, be it in general or in some
restricted form, inevitably imposes a risk of misuse and gives rise to
security risks. Therefore, the question is whether the restriction on the
applicant’s access to three specific webpages was justified in the specific
circumstances of the case.
7. The majority attach significance to the fact that prisoners in Estonia
are already granted limited access to the Internet (see paragraphs 49 and 53
of the judgment). In deciding its policy on the matter, the Estonian
legislature has sought to balance the competing interests of prisoners against
the interests of society, namely prisoners’ right to access to information
about legislation and judicial decisions against the risk of misuse and risk to
security. In doing so, the Estonian legislature has decided to grant prisoners
limited access to the Internet. In my view, it should not be held against the
Respondent Government that Estonia, in the interest of prisoners, has
decided to provide prisoners with limited access to the Internet. Doing so
may in practice discourage other States from taking a similar step, if
providing access to certain webpages on the Internet may be used as an
argument for granting access to other webpages too.
8. The majority also attaches importance to the content of the three
webpages to which the applicant requested access, as well as to the
importance and relevance of the information for the applicant (see
paragraph 50 of the judgment). However, the domestic authorities’ refusal
was not based on an assessment of the nature and content of the webpages
in question, but on a general assessment, made by the legislature when
adopting section 31-1 of the Imprisonment Act, of the risk of misuse and
risks for security if prisoners are granted access to the Internet. In my view,
the Court has no basis for calling into question the assessment of the
domestic authorities according to which granting – further – access to the
Internet would increase the risk of misuse and risks to security.
9. The majority also attaches importance to a number of Council of
Europe and other international instruments concerning the importance of the
Internet (see paragraph 52 of the judgment). The Internet, including access
to the Internet, is unquestionably very important for the individual in
contemporary society, but I cannot but notice that none of the international
instruments mentioned in the judgment (see paragraphs 22-25 of the
judgment) concern prisoners’ access to the Internet. Thus, the international
instruments cited underline only the general importance of the Internet, but
do not support an interpretation of Article 10 of the Convention according
to which prisoners should be granted access to the Internet, either in general
or in some restricted form.
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