The European Court of Human Rights (the ECtHR) has ruled that a ban which prevented a prisoner from accessing legal information online was in breach of the European Convention of Human Rights (the Convention). The case of Kalda v Estonia concerned Romeo Kalda, an inmate serving a life-sentence in an Estonian prison. The complainant argued that an Estonian law which prevented him from accessing legal information on various websites including State and Council of Europe breached his article 10 rights under the Convention: freedom of expression.
The ECtHR found that the Convention does not impose an obligation on contracting states to provide internet access to inmates. It ruled however that in circumstances where a state does permit internet access it cannot refuse access to certain sites without justification. In Mr. Kalda’s case, the ban on the use of the internet to research legal issues surrounding his case and appeal had interfered with his right to information. The Chamber judged that the Estonian Supreme Court’s justification of ‘security and economic implications’ were not sufficient to warrant a breach of Mr. Kalda’s rights, considering they have existing security arrangements and adaptations specifically for prisoners’ internet usage. The national courts had not analysed the security risks the three websites would pose, with the Chamber ruling that the interference, in the specific circumstances of Mr Kalda’s case, had not been necessary in a democratic society. The ECtHR held that there had been a violation of Article 10 of the Convention.
The Court held, by six votes to one, that the finding of a violation constituted sufficient just satisfaction for the non-pecuniary damage sustained by Mr Kalda.
Click here for the full judgment.