A case on norms on sanitary conditions in places for holding under arrest for pre-trial detention has been initiated
The Second Panel of the Constitutional Court has initiated a case “On Compliance of the words “the Height of which Does not Exceed 1.2 metres” of Section 7 (5) (1) and Para 1 of the Transitional Provisions of the Law on Procedure for Holding under Arrest of Detainees with Article 1 and Article 95 of the Satversme of the Republic of Latvia”.
Article 1 of the Satversme provides that Latvia is an independent democratic republic, whilst Article 95 of the Satversme establishes that the State shall protect human honour and dignity. Torture or other cruel or degrading treatment of human beings is prohibited. No one shall be subjected to inhuman or degrading punishment.
The Law on Holding under Arrest of Detainees establishes, among the rest, requirements for places of the State Police for holding under arrest for pre-trial detention. Section 7 (5) (1) of the Law provides that water-supplied toilet facilities that is separated from the rest of the room by a wall, the height of which does not exceed 1.2 metres, shall be installed.
This is the Ombudsman of the Republic of Latvia that has submitted an application to the Constitutional Court. The Ombudsman indicates that the restriction established by the Law does not ensure sufficient privacy for a prisoner, namely, a person using toilet facilities can be seen by other persons held in the same cell. The Ombudsman emphasizes, among the rest, that such conditions for holding under arrest for pre-trial detention shall be regarded as such that injure a person’s dignity.
The Saeima was asked to provide, before 30 August 2010, a reply on factual circumstances of the case and legal justification thereof. The term of preparation of the case is 22 November 2010.
Linked case: 2010-44-01