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Case No 2016-12-01
On Compliance of Section 5021 (5) of the Sentence Execution Code of Latvia with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
Adjudicated
Augstākās tiesas Administratīvo lietu departaments
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On Compliance of Section 5021 (5) of the Sentence Execution Code of Latvia with the First Sentence of Article 92 of the Satversme of the Republic of Latvia
Case short name: Increasing the Regime for Serving a SentenceThe Constitutional Court decided:
The recognise the contested norm, insofar it applies to a decision on increasing a sentenced prisoner’s regime for serving the sentence, as being incompatible with the first sentence of Article 92 of the Satversme of the Republic of Latvia and invalid as of 1 January 2018.
The judgement by the Constitutional Court is final and is not subject to appeal, it has entered into force on the day of its publication.
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The norm that provides that a decision by the Prison Administration on increasing a sentenced prisoner’s regime of serving the sentence is not subject to appeal is incompatible with the Satversme
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A case initiated regarding the fact that decisions by the Prison Administration are not subject to appeal