Norms regarding food provisions for prisoners do not comply with the Satversme
The Constitutional Court has adopted a decision in the case No. 2009-69-03 “On Compliance Appendix 1 of the 19 December 2006 Cabinet of Ministers Regulations No. 1022 “Regulations Regarding the Norms of Material Provision for Food and Household Needs of Prisoners” with Article 111 of the Satversme (Constitution) of the Republic of Latvia”.
The Applicants Valters Raumanis and Mārtiņš Ēcis indicated that, in 2009, daily food provisions for prisoners have been considerably reduced, and at present the latter do not receive the minimum amount of food needed for a human body. Therefore the contested act does not comply with Article 111 of the Satversme, which provides, among the rest things, that the State shall protect human health.
The Constitutional Court has concluded that the basic norm on daily food provision does not ensure the necessary amount of calcium, vitamin A and vitamin C. Namely, only 14 percent of vitamin A and 30 percent of vitamin C is taken, if compared with the total amount necessary. In a long term, such food might cause damage to health.
The Court indicated that it is necessary to take into account the fact that prisoners are fully maintained by the State. Not all prisoners are ensured with the opportunity to have paid employment and many of them are denied the possibility to receive food parcels. Therefore the majority of prisoners have food provided by the State only. Therefore the State is committed to ensuring prisoners with sufficient food and preventing any damage to health of prisoners due to lack of food.
Consequently, the Constitutional Court recognized the contested act as non-compliant with Article 111 of the Satversme and declared it null and void as from 1 July 2010.
The Judgment of the Constitutional Court is final and not subject to appeal. The Judgment shall come into force on the date of publishing it in the newspaper “Latvijas Vēstnesis”.
Linked case: 2009-69-03