Date of the judgment: 15.01.2021.
Official publication: 19.01.2021.
On Compliance of the First Sentence of Section 45 (5) of the Sentence Execution Code of Latvia with Article 96 of the Satversme of the Republic of Latvia
Case short name: Prohibition to meet other detaineesThe Constitutional Court held:
1) To declare the first sentence of Section 45, paragraph 5 of the Sentence Execution Code of Latvia, insofar as it prohibits without an individual assessment a convicted person from meeting with a family member who is serving a sentence in another prison and has received permission to temporarily leave the territory of the prison, to be incompatible with Article 96 of the Satversme of the Republic of Latvia.
2) With regard to the submitter of the constitutional complaint Artjoms Zablockis, to recognise the first sentence of Section 45, paragraph 5 of the Sentence Execution Code of Latvia, insofar as it prohibits without an individual assessment a convicted person from meeting with a family member who is serving a sentence in another prison and has received permission to temporarily leave the territory of the prison, to be incompatible with Article 96 of the Satversme of the Republic of Latvia and invalid from the moment of occurrence of the violation of his fundamental rights.
Press-releases
- The prohibition for a convict to meet with a family member who has received permission to briefly leave another prison is incompatible with the Constitution
- A case initiated with respect to a norm, which prohibits convicted persons from meeting arrested persons and persons serving a sentence at another institution for deprivation of liberty