Communication as a human right – communication restrictions in detention centres

An applicant for international protection housed in a detention centre of the Estonian Police and Border Guard Board turned to court to get access to the internet and a personal mobile phone.

The case pointed out that the restrictions on the use of the internet and mobile phones imposed on persons in the detention centre are not in line with the Constitution and violate fundamental rights, including freedom of speech and freedom of assembly, privacy and the right to information and family ties.

The Administrative Court declared the restrictions imposed by the detention centre unconstitutional and sent the case to the Supreme Court for constitutional review. The Supreme Court declared clause 11 of § 25 of the regulation of the Minister of the Interior ‘Internal rules of detention centre’ unconstitutional and invalid, thus guaranteeing the right of applicants for international protection to use the internet and personal mobile phones during their stay in the detention centre.

The client was represented by attorney Karmen Turk (Triniti).

Read the detailed information of the case in Estonian.

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