Proceedings in the case on regulations regarding internal rules of order in places of deprivation of liberty have been terminated
The Constitutional Court has adopted a decision to terminate proceedings in the case No. 2010-52-03 “On Compliance of Section 44.4 of 30 May 2006 Cabinet of Ministers Regulations No. 423 “Regulations Regarding Internal Rules of Order of Places of Deprivation of Liberty” with Article 96 of the Satversme of the Republic of Latvia”.
Article 96 of the Satversme provides, among the rest, that everyone shall have the right to inviolability of private life. The contested norm establishes that, from waking up to the sleep, the convicts shall have the duty to keep their beds in order in accordance with the common standard of a place of deprivation of liberty.
The applicant – the Administrative Case Department of the Senate of the Supreme Court addressed the Constitutional Court when reviewing a case on punishment of a convict for staying in bed during daytime. The applicant indicates that the contested norm can be interpreted in different ways, one of which being prohibition to a convict to stay in bed during daytime.
The Constitutional Court concluded that the contested norm only establishes the duty of the convicts to keep their beds in order according to established standards.
The Court indicates that this case does not deal with application and interpretation of the contested norm in accordance with the aim of the punishment. Consequently, the Court ruled that proceedings in the case shall be terminated.
Judgment of the Constitutional Court is final and not subject to appeal.
Linked case: 2010-52-03