On Compliance of the First Sentence of Section 45 (5) of the Sentence Execution Code of Latvia with Article 96 of the Satversme of the Republic of Latvia
Adjudicated
Artjoms Zablockis
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15.01.2021.
19.01.2021.
On Compliance of the First Sentence of Section 45 (5) of the Sentence Execution Code of Latvia with Article 96 of the Satversme of the Republic of Latvia
Case short name: Prohibition to meet other detainees
The Constitutional Court held:
1) To declare the first sentence of Section 45, paragraph 5 of the Sentence Execution Code of Latvia, insofar as it prohibits without an individual assessment a convicted person from meeting with a family member who is serving a sentence in another prison and has received permission to temporarily leave the territory of the prison, to be incompatible with Article 96 of the Satversme of the Republic of Latvia.
2) With regard to the submitter of the constitutional complaint Artjoms Zablockis, to recognise the first sentence of Section 45, paragraph 5 of the Sentence Execution Code of Latvia, insofar as it prohibits without an individual assessment a convicted person from meeting with a family member who is serving a sentence in another prison and has received permission to temporarily leave the territory of the prison, to be incompatible with Article 96 of the Satversme of the Republic of Latvia and invalid from the moment of occurrence of the violation of his fundamental rights.
