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On compliance of Section 32(4) and (8) of the Law on the Election of Local Government Councils with Article 101 of the Constitution of the Republic of Latvia

The Constitutional Court ruled the following:

1. To recognise Section 32, Paragraphs Four and Eight of the Law on the Election of Local Government Councils, insofar as these norms deny suspects, accused or defendants who being imposed custody as a restraint measure from voting in the election of local government councils, if these persons are in a place of incarceration located beyond the territory of the electoral district in the electoral roll of which they are registered, as being incompatible with Article 101, Paragraph One and the first sentence of Paragraph Two of the Satversme of the Republic of Latvia.

2. With regard to Mr Aivars Lembergs – to recognise Section 32, Paragraphs Four and Eight of the Law on the Election of Local Government Councils, insofar as these norms deny him from voting in the election of local government councils, if he is in a place of incarceration located beyond the territory of the electoral district in the electoral roll of which he is registered, as being incompatible with Article 101, Paragraph One and the first sentence of Paragraph Two of the Satversme of the Republic of Latvia as of the moment of occurrence of infringement of his fundamental rights.