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On the Compliance of Article 28(2) of the Law on Detention Procedures, in the wording effective until 2 January 2018, with Article 96 of the Satversme of the Republic of Latvia

The Constitutional Court held:

to declare Article 28(2) of the Law on Detention Procedures, in the wording in force until 2 January 2018, insofar as it provides for the control of the correspondence of detainees throughout the period of detention without an individual assessment of the circumstances and an established threat to the rights of other people or public safety, to be inconsistent with Article 96 of the Satversme of the Republic of Latvia and in relation to persons to whom this provision has been applied and who have commenced protection of their rights within the framework of administrative procedure, but in respect of whom administrative procedure has not yet been completed, to be invalid from the moment of occurrence of the infringement of fundamental rights of these persons.