10
KALDA v. ESTONIA JUDGMENT
B. Merits
1. The parties’ submissions
(a) The applicant
31. The applicant considered that the ban on his accessing the websites
of the Council of Europe Information Office in Tallinn, the Chancellor of
Justice and the Riigikogu violated his right to receive information and was
in breach of Article 10 of the Convention. He submitted that he had been
engaged in a number of court proceedings against the Estonian prison
system. The information available on the websites in question was relied on
by the Estonian courts; thus, the applicant also needed access to this
information in order to be able to protect his rights.
32. The applicant pointed to the sheer scope of information accessible
nowadays through the Internet (legal acts, case-law, parliamentary
activities, newspapers, and so on). He argued that a ban on Internet access
actually amounted to a total ban on access to information.
33. The applicant submitted that his aim was to be able to undertake
legal research in order to understand his rights and obligations and in order
to be able to defend his rights in court on an equal footing, if necessary.
Undertaking legal research and making specific requests for information
were two very different matters. His aim was to keep himself informed and
to undertake legal research via the three above-mentioned websites.
34. The applicant rejected the Government’s arguments concerning the
information-technology threats posed by the three websites in question. He
argued that the authorised websites also contained references, search
engines, links (including links to social networks), and so on. However, he
noted that those links were effectively blocked by the Ministry of Justice
server. Thus, there was no reason to distinguish the websites to which the
applicant sought access from those to which access was already granted.
35. According to the applicant, the means that the Government
suggested that he employ (as an alternative to using the Internet) to obtain
the information that he sought were clumsy, roundabout and unreasonable.
Furthermore, the total weight of belongings (including paper documents)
that detainees were allowed to possess was limited to 30 kilograms. This
restriction, along with a 21-page limit on free print-outs of documents,
constituted a further restriction on prisoners’ freedom of information.
(b) The Government
36. The Government maintained that there had been no violation of
Article 10 of the Convention. They argued that neither the Estonian
Constitution nor the Convention prescribed that everyone should be entitled
to obtain through the Internet information such as that in issue in the present
case. The State had a discretion to restrict the right of specific groups of
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