A/HRC/7/4
page 16
evidence in the case, on the same footing as the prosecutor. He or she is provided with all
inculpatory evidence as soon as a case is referred to court; this enables him or her to file motions,
which the court must consider, and to work out a defence strategy and tactics. In respect of the
other recommendations of the Working Group, the Government explained in detail how existing
legislation addressed the concerns of the Working Group.
Latvia
33. In its communication the Government of Latvia went into great detail to explain the
numerous measures it had adopted to comply with each recommendation contained in the report
of the Working Group. These measures are contained in a number of recent legislative
developments.
34. In relation to access to counsel, the Government informed the Working Group that in cases
where a person cannot afford a lawyer due to lack of financial means, legal costs and expenses
shall be paid by the State. In order to bring this provision into life, a specific Law on
State-provided Legal Aid was adopted, by which a special governmental agency - the
State-provided Legal Aid Administration - was established.
35. The Latvian Government further reported that the maximum terms of detention on remand
for different types of crimes are now strictly fixed in article 277 of the Criminal Procedure Law
(which entered into force on 1 October 2005) - the shortest maximum term of detention on
remand is 3 months (2 months for the pretrial investigation stage and 1 month for adjudication).
The longest maximum term provided for especially serious crimes is 24 months (15 months for
investigation, 9 months for adjudication).
36. The Working Group was informed that the State Police has carried out extensive work to
improve conditions in places of temporary detention. The new Law on Procedure of the
Apprehension of Individuals of 21 October 2005 contains provisions regarding conditions of
detention, internal regulation and health care in police temporary detention units.
37. In response to the recommendations on the detention of juveniles, the Government of
Latvia informed the Working Group that the provisions of the Criminal Procedure Law provide
for a wide set of alternative security measures, which may be applied to juveniles. Discussions
are currently ongoing on the juvenile justice system, including the necessity to introduce a
separate system. A draft policy concept on juvenile imprisonment and detention for 2006-2010 is
pending approval in the Cabinet of Ministers.
38. Lastly, the Government reported that the draft law on asylum in the Republic of Latvia is
currently pending approval in the Cabinet of Ministers before being submitted to Parliament. A
new law on psychiatric assistance is currently being drafted, which will establish a new
procedure on involuntary committals to psychiatric hospitals.
39. The Working Group has also received information from non-governmental organizations
on the implementation of the Working Group’s recommendations after its visits to Australia and
Mexico. It has transmitted them to these Governments for their comments. During its forty-ninth
and fiftieth sessions, the Working Group received a delegation from Oaxaca, Mexico, which
reported the detentions carried out in Oaxaca State during 2006.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents