4
KALDA v. ESTONIA JUDGMENT
with the right – enshrined in Article 44 § 1 of the Constitution – to freely
obtain information disseminated for public use. It noted that the aims of
imprisonment included the protection of the legal order and steering
detainees towards law-abiding behaviour. As the possibility could not be
technically excluded that detainees might misuse the right to use the
Internet, access to the Internet was prohibited to them by section 31-1 of the
Imprisonment Act. The exception made in respect of the official databases
of legislation and the database of judicial decisions was necessary in order
to ensure that detainees were afforded an effective possibility to protect
their own rights. It had to be taken into account that the official texts of
legal acts were only accessible to detainees via the Internet.
16. The Supreme Court observed that the prohibition of the use of the
Internet was necessary primarily in order to restrict detainees’ ability to
engage in communication for purposes that did not accord with those of
their detention, such as obtaining information that could jeopardise the
prison’s security or run counter to the directing of detainees towards lawabiding behaviour. Granting detainees access to any additional Internet site
increased the security risk of their obtaining information running contrary to
the aims of imprisonment. Moreover, this could create an opportunity for
detainees to use the Internet for purposes other than that of freely obtaining
information disseminated for public use. Thus, the Supreme Court
concluded that the prohibition of detainees’ access to the Internet sites
www.coe.ee, www.oiguskantsler.ee and www.riigikogu.ee was justified by
the need to achieve the aims of imprisonment and in particular the need to
secure public safety.
17. In respect of the proportionality of the restriction the Supreme Court
considered that the denial of detainees’ access to the Internet sites
www.coe.ee, www.oiguskantsler.ee and www.riigikogu.ee prevented them
from misusing the Internet via these sites and that public safety was thereby
protected. Moreover, granting detainees access to these Internet sites could
increase the risk of their engaging in prohibited communication; this in turn
would necessitate increased levels of control (and therefore costs). Thus,
there were no alternative, equally effective means – besides the prohibition
imposed by section 31-1 of the Imprisonment Act – of achieving the
legitimate aim in question. Lastly, the Supreme Court noted that detainees
were able to contact the Riigikogu and the Chancellor of Justice by mail and
make a request for information (teabenõue). Therefore, detainees’ access to
the public information contained on the Internet sites in question was not
unduly restricted. Detainees’ access to the Internet site of the European
Court of Human Rights was guaranteed, pursuant to section 31-1 of the
Imprisonment Act; those of the Council of Europe’s conventions and
treaties that had been ratified by Estonia were accessible on the Internet site
www.riigiteataja.ee. The Supreme Court noted that it did not doubt that the
printed works of the Council of Europe were accessible through prison
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières