Country

Latvia

Detention issue

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Sentence Execution Code of Latvia (Grozījumi Latvijas Sodu izpildes kodeksā)In the practice of execution of sentences the safeguards provided by law against torture and inhuman or degrading punishment shall be implemented with respect to the convicted person; the purpose of the execution of sentence shall not be to inflict physical suffering, to degrade human dignity or to exclude the person from society.
Prison Administration Law (Ieslodzījuma vietu pārvaldes likums)The right of prison staff to use force, special combat techniques, special means, technical devices, service dogs and weapons. Prison staff is prohibited from using force, special fighting techniques and special means (except for handcuffs), as well as weapons, against women, minors and persons with obvious signs of disability, unless they participate in a group attack, show armed resistance or endanger the health or life of the prison staff or other individuals.
Cabinet of Ministers regulations No 283 of 9 June 2015 “Procedure for the Use of Special Means by Officials of the Prison Administration” (Ministru kabineta 2015. gada 9. jūnija noteikumi Nr. 283 ʺKārtība, kādā Ieslodzījuma vietu pārvaldes amatpersonas lieto speciālos līdzekļusʺ)Every time special means are used, the respective officer shall draw up a report and immediately call a medical personnel to conduct a medical examination of the detainee in order to assess if their state of health has been affected by the use of the special means and, if necessary, to provide medical assistance.
Internal Security Bureau Law (Iekšējās drošības biroja likums), Office of the Prosecutor Law (Prokuratūras likums), Ombudsperson Law (Tiesībsarga likums)Detained persons can complain about violence by prison staff to the head of the prison, to the Prison Administration, as well as to Internal Security Bureau (under the auspices of the Minister of Interior) which has a mandate to investigate prison staff violence against the detained persons. It is also possible to submit a complaint to the Prosecutor's Office, in accordance with the Law on the Prosecutor's Office, and to the Ombudsperson's Office.
Law on the Procedure for Holding under Arrest (Apcietinājumā turēšanas kārtības likums)Detainees shall be placed in cells, taking into account internal security and (as far as possible) personal characteristics and psychological compatibility.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2022Twenty-five complaints about prison staff were received in 2022 (32 in 2021 and 45 in 2020). Most of them concerned intimidating behaviour or abuse of office. Report details
2023This situation is worrying both from the point of view of the overall public security and the internal security of the prison, as far as it concerns both staff and inmates, as well as from the perspective of the management of the prison. An immediate solution to this particular situation in Jēkabpils Prison must be found by solving the staff policy issues, including increasing the numbers of staff and ensuring safe working conditions, for example, by introducing portable alarm buttons and reducing the size of the dormitories. Report details