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KALDA v. ESTONIA JUDGMENT
A. The applicant’s complaint against Pärnu Prison
6. On 21 July 2005 the applicant requested from the Governor of Pärnu
Prison access to (i) the online version of Riigi Teataja (the State Gazette),
(ii) the decisions of the Supreme Court and administrative courts, which are
available on the Internet, and (iii) the HUDOC database of the judgments of
the European Court of Human Rights. The Governor refused his request.
The applicant’s subsequent complaint was dismissed by the Pärnu
Administrative Court; the Tallinn Court of Appeal dismissed his further
appeal. The applicant then appealed to the Supreme Court.
7. The Administrative Law Chamber of the Supreme Court delivered its
judgment on 31 May 2007 (case no. 3-3-1-20-07). In respect of Estonian
legislation and the Supreme Court’s rulings, the Supreme Court noted that
these were available in the paper version of Riigi Teataja; it considered
access to the paper version sufficient and found that the prison’s refusal to
grant the applicant access to the online version of Riigi Teataja had been
lawful.
8. However, the Supreme Court noted that from 1 January 2007 the
primary official version of Riigi Teataja had been its online version and that
since then only five “control copies” of each edition had been printed.
Despite that fact, the prisons had a duty to ensure that detainees had a
reasonable possibility of searching for and familiarising themselves with
legal acts.
9. Furthermore, the Supreme Court considered that the refusal of the
prison administration to grant detainees access to the rulings of the
administrative courts and of the European Court of Human Rights interfered
with their right to freely obtain information disseminated for public use.
Given that the legislature had not specified any restrictions in this regard in
respect of prisoners, their right – enshrined in Article 44 § 1 of the
Constitution of the Republic of Estonia (Eesti Vabariigi põhiseadus) – to
obtain information had to be given an equal level of protection as that
afforded to persons at liberty. Accordingly, the refusal of Pärnu Prison to
grant the applicant access to the rulings of the Estonian administrative
courts and the European Court of Human Rights had been unlawful.
B. The applicant’s complaint against Tartu Prison
10. On 18 October 2007 Tartu Prison – to which the applicant had been
transferred in the meantime – refused the applicant’s request to be granted
access to the Internet sites www.coe.ee (the Council of Europe Information
Office in Tallinn), www.oiguskantsler.ee (the Chancellor of Justice, or
Õiguskantsler)) and www.riigikogu.ee (the Estonian Parliament, or
Riigikogu). According to the applicant, he was involved in a number of legal