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On Compliance of Para 40 in the Cabinet Regulation of 30 May 2006 No. 423 “The Internal Regulations of an Institution for Deprivation of Liberty” with Article 112 of the Satversme of the Republic of Latvia

The Constitutional Court decided:

1. To declare Paragraph 40 of Cabinet Regulation No 423 of 30 May 2006, Internal Rules of Procedure of the Prison, insofar as it does not provide for the right of the administration of a prison to decide on granting permission for a convicted person to use aids to continue his or her studies in order to acquire higher level education, as incompatible with Article 112 of the Constitution of the Republic of Latvia.

2. In respect of the Applicant Ansis Ataols Bērziņš, to declare Paragraph 40 of Cabinet Regulation No 423 of 30 May 2006, Internal Rules of Procedure of the Prison, insofar as it does not provide for the right of the administration of a prison to decide on granting permission for a convicted person to use aids to continue his studies in order to acquire higher level education, to be incompatible with Article 112 of the Constitution of the Republic of Latvia and void from the moment of the infringement of his fundamental rights.