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KALDA v. ESTONIA JUDGMENT
20. The Public Information Act (Avaliku teabe seadus) stipulates the
conditions and procedure for accessing information that is obtained or
created in the course of carrying out public duties. A request for information
(teabenõue) may be made orally or in writing (section 13) and the holder of
such information, subject to certain exceptions, must release the information
in the manner requested by the person making the request (section 17).
21. Section 31-1 of the Imprisonment Act (Vangistusseadus), which
entered into force on 1 June 2008, provides that prisoners are prohibited
from using the Internet, except on computers specially adapted for said
purpose by a prison which has allowed such access (under the supervision
of the prison authorities) to the official databases of legislation and the
database of judicial decisions. This provision is still in force and has not
been substantially amended.
III. RELEVANT INTERNATIONAL INSTRUMENTS
A. Council of Europe documents
22. The Rules of the Committee of Ministers for the supervision
of the execution of judgments and of the terms of friendly settlements,
adopted by the Committee of Ministers on 10 May 2006
at the 964th meeting of the Ministers’ Deputies, read as follows:
Rule 6 – Information to the Committee of Ministers on the execution of the judgment
“2. When supervising the execution of a judgment by the High Contracting Party
concerned, pursuant to Article 46, paragraph 2, of the Convention, the Committee of
Ministers shall examine:
...
b. if required, and taking into account the discretion of the High Contracting Party
concerned to choose the means necessary to comply with the judgment, whether:
...
ii. general measures have been adopted, preventing new violations similar to that or
those found or putting an end to continuing violations.”
A footnote relating to the above provision mentions – as an example of
general measures to be taken – publication of a judgment of the Court in the
language of the respondent State and its dissemination to the authorities
concerned.
23. On 28 May 2003, at the 840th meeting of the Ministers’ Deputies,
the Committee of Ministers of the Council of Europe adopted a Declaration
on freedom of communication on the Internet. The relevant part of the
Declaration reads as follows:
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