Commission Report (2002): Latvia

Civil and political rights

Since July 2001, when individuals were granted the right to apply to the Constitutional Court regarding violations of their basic rights, 16 cases out of 575 complaints received have been deemed admissible and the Court has pronounced 12 judgements.

Latvia has made progress in adopting, in April 2002, amendments to the criminal law regarding trafficking in human beings and organised criminal groups which bring Latvia`s anti-trafficking legislation into line with the UN Protocol to ``prevent, suppress and punish trafficking in persons, especially women and children`. Latvia remains a country of origin. It co-operates with Interpol and various countries to prevent such crimes.

While some legislation has been put in place, the length of pre-trial detention remains a very serious concern. In April 2002, about 44% of inmates in Latvian prisons were pretrial detainees (no significant change compared with 2001). However, in most recent months figures have slightly gone down as a result of amendments to the existing Criminal Procedure Code. Concerns have been expressed regarding cases of excessive use of force by the police against people in custody.

As reported above, as a result of measures taken to speed up the review of juvenile cases, in April 2002, juveniles accounted for 63% of the total number of persons in pre-trial detention, compared with 70% in mid 2001. This remains very high. The length of pretrial detention for juveniles is not always in conformity with international standards. A working group established on the initiative of the State President has drawn up a draft Law on Education and Correctional Measures for Juveniles in order to improve the situation.

Several regulations have been adopted in order to improve prison conditions, covering such issues as internal rules on imprisonment, payment for work by prisoners, financial aid to released prisoners, medical aid, the provision of nourishment and other daily necessities, and facilities for children to stay with their imprisoned mothers.

Since the last Regular Report, progress has been made towards renovating detention facilities under the Public Investment Programme. Reconstruction of Liepaja prison, as well as parts of the central prison and the Matisa prison has been completed. Further reconstruction work is in progress in Olaine prison (including the building of a tuberculosis hospital), parts of the central prison and Matisa prison, and in Jelgava prison. Nevertheless, the situation in prisons continues to be reported as critical in terms of health and sanitary conditions, overcrowding and occupational measures. A positive development is the fact that the number of tuberculosis cases in prisons has further decreased. Furthermore, several social rehabilitation programmes are being implemented in co-operation with NGOs, including a special programme for juveniles.

Some structural problems still remain unresolved. As mentioned in the 2001 Regular Report, seven detention centres and prisons (out of a total of 15 institutions) continue to be guarded by a special regiment of the Ministry of the Interior. In October 2001 the Cabinet of Ministers decided to transfer three more prisons to professional guards in 2002 and to complete the reform by the end of 2003.

Regarding legal aid, further improvements of legislation and practice are necessary. As set out above, the Criminal Procedure Code provides for a system of free legal aid in criminal cases (which is mandatory in the case of minors, the disabled, persons not knowing the language, and for all pre-trial investigations). The Civil Procedure Law also provides statutory legal aid. However, there are difficulties with the implementation of this legislation, exacerbated by a general shortage of lawyers, lack of sufficient budget, as well as a lack of knowledge and experience. Further efforts are necessary to bring the existing legislation fully in line with existing international standards in this field. In this context, the adoption of the new Law on Criminal Procedure as well as of legislation regarding civil matters is of particular importance and should take place without delay.

Latvia has made particular progress on asylum, with the adoption of a law on asylum in March 2002 which covers general procedures for refugee asylum seekers, guarantees with regard to relevant appeal procedures, and the competencies and responsibilities of the various parties concerned. While this law is generally perceived as an important step towards aligning the legislation, particular attention will now have to be paid to adequate implementation, including the application of accelerated procedures, the ``third country concept` and the minimum guarantees for appeal. No concrete progress to improve living conditions at Olaine Detention Centre can be reported.

Freedom of expression and freedom of religion are enshrined in the Constitution of Latvia, and no particular problems have been reported in this respect.

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