A case on regulations of internal procedure in imprisonment establishments has been initiated
The Second Panel of the Constitutional Court has initiated a case “On compliance of Section 44.4 of 30 May 2006 Cabinet of Ministers Regulation No. 423 “Regulations of Internal Procedure in Imprisonment Establishments” with Article 96 of the Satversme of the Republic of Latvia”.
Article 96 establishes, amongst the rest, the right to inviolability of private life.
The contested norm provides that convicted persons have the duty to keep their sleeping-berth, from waking up till sleep, in accordance with the common standard established in the imprisonment establishment.
The applicant – the Administrative Case Department of the Senate of the Supreme Court indicates that at present it is hearing a case where a convict is punished for staying in the bed during the free time of the day, whilst the contested norm prohibits convicts to stay in bed during daytime. The Senate holds that such restriction cannot be regarded as such that is necessarily related with serving a sentence of deprivation of liberty. According to the Senate, the right to private life also includes the right of the convict to use his or her free time by staying in the bed of the cell.
The Cabinet of Ministers was asked to provide, before 13 September 2010, a reply on factual circumstances of the case and legal justification thereof. The term of preparation of the case is 13 December 2010.
Linked case: 2010-52-03