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Case No 2021-40-0103
On Compliance of Para 2 of Section 7 (4) of the Law on the Procedures for Holding Detained Persons” and Annex 4 to the Cabinet Regulation of 10 January 2006 No. 38 “Regulations regarding Nutritional Provision Norms and Provision Norms of Washing Products and Personal Hygiene Products for Persons Placed in a Short-term Place of Detention” with the Second Sentence of Article 95 of the Satversme of the Republic of Latvia
Adjudicated
Administratīvā rajona tiesa
08.06.2022.

13.06.2022.

On Compliance of Para 2 of Section 7 (4) of the Law on the Procedures for Holding Detained Persons” and Annex 4 to the Cabinet Regulation of 10 January 2006 No. 38 “Regulations regarding Nutritional Provision Norms and Provision Norms of Washing Products and Personal Hygiene Products for Persons Placed in a Short-term Place of Detention” with the Second Sentence of Article 95 of the Satversme of the Republic of Latvia

The Constitutional Court ruled the following:
1. To declare Section 7, Paragraph four, Clause 2 of the Law on the Procedures for Holding the Detained Persons, insofar as it does not provide for a pillow to be provided to detained persons, and Annex 4 to Cabinet Regulation No 38 of 10 January 2006 “Regulations Regarding Nutritional Provision Norms and Provision Norms of Washing Products and Personal Hygiene Products for Persons Placed in a Short-term Place of Detention”, insofar as it does not provide for a towel to be provided to the detained person, as incompatible with the second sentence of Article 95 of the Constitution.
2. In respect of the persons who have sought protection of their fundamental rights by means of legal remedies, to declare Section 7, Paragraph four, Clause 2 of the Law on the Procedures for Holding the Detained Persons, insofar as it does not provide for a pillow to be provided to detained persons, and Annex 4 to Cabinet Regulation No 38 of 10 January 2006 “Regulations Regarding Nutritional Provision Norms and Provision Norms of Washing Products and Personal Hygiene Products for Persons Placed in a Short-term Place of Detention”, insofar as it does not provide for provision of a towel to the detained person, as incompatible with the second sentence of Article 95 of the Constitution and invalid from the moment of the infringement of the fundamental rights of the person.

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