Latvia cannot be left without a Prosecutor General – urgent action needed, Rinkēvičs stresses

Latvia cannot afford to function for an extended period — for example, several months — without a Prosecutor General, said President Edgars Rinkēvičs in an interview with TV3’s “900 seconds,” commenting on the inconclusive result of the Prosecutor General selection process.

He emphasized that the Prosecutor General is also responsible for overseeing operational activities and must make serious decisions related to national security. Given that “we are not exactly in a peaceful situation,” Rinkēvičs expressed hope that Latvia will not remain without a Prosecutor General for long.

The President stated that the Judicial Council must act quickly to select a new candidate, and the Saeima must also avoid delays in voting on the proposed nominee. He predicted that Parliament may have to convene an extraordinary session after the regular session has ended in order to vote.

As previously reported, after hearing all three candidates, the Judicial Council decided to announce a new competition for the post, Chief Justice of the Supreme Court and Council Chair Aigars Strupišs told the media on Wednesday.

He explained that none of the three candidates received the required number of votes. However, all candidates remain eligible to reapply.

Prosecutor Uvis Kozlovskis, from the Coordination Division for Prosecutorial Functions at the Department of Operational Control and International Cooperation of the Prosecutor General’s Office, told LETA that he will not reapply. Meanwhile, Aivars Ostapko, the department’s chief prosecutor, confirmed he would consider running again. The position of incumbent Prosecutor General Juris Stukāns remains unclear, as he left to attend a National Security Council meeting after the hearing.

The Council’s vote was held in a closed session, following a three-hour candidate hearing. Strupišs explained it was a serious discussion that assessed both the candidates’ professional performance and their backgrounds.

“The result is what it is,” he commented.

Strupišs noted that nearly all Council members acknowledged that Stukāns’s concept was professionally far stronger than those of the other two candidates, whose proposals were considered vague and lacking specificity. However, Stukāns was also affected by “other factors” that prevented him from receiving enough support. Strupišs clarified that this was not only related to the whistleblower report by Prosecutor Viorika Jirgena.

Thirteen Council members participated in the vote. At least seven votes were required to approve a candidate.

Strupišs did not disclose how he voted.

A new competition will be announced in the coming days, and current candidates are free to apply again.
“These candidates are not prohibited from improving their applications, adding new material, and reapplying,” Strupišs said, emphasizing that professionalism and a forward-looking vision are what matters most.

He encouraged any qualified lawyer capable of fulfilling the duties of Prosecutor General to apply. In his view, the ideal candidate must be principled, persuasive, and courageous.

“We also concluded that during the previous term [under Stukāns], a great deal was achieved in the Prosecutor’s Office. But the next term must be viewed as a new chapter,” Strupišs said.

Members of the Judicial Council include:
– Aigars Strupišs,
– Riga Regional Court judge Ilze Celmiņa,
– Supreme Court senator Rudīte Vīduša,
– Constitutional Court Chair Irēna Kucina,
– Minister of Justice Inese Lībiņa-Egnere (New Unity),
– Saeima Legal Affairs Committee Chair Andrejs Judins (New Unity),
– Bar Association Chair Saulvedis Vārpiņš,
– Notaries Council Chair Aigars Kaupe,
– Bailiffs Council Chair Andris Spore,
– Zemgale Regional Court Chair Juris Siliņš,
– Valmiera District Administrative Court Chair Guntars Ploriņš,
– Kurzeme District Court Chair Madars Plepis,
– Vidzeme District Court Chair Līga Ašitoka, and
– Riga City Court judge Baiba Ozoliņa.

Juris Stukāns is also a Council member, but he did not participate in the vote.

As reported, Stukāns’s term ends on July 11 — exactly one month from now.

The candidates in the now-concluded competition were:
– Juris Stukāns,
– Aivars Ostapko, and
– Uvis Kozlovskis.

According to the Prosecution Law, the Prosecutor General is appointed for a five-year term by the Saeima upon the Judicial Council’s recommendation. The same person may not serve more than two consecutive terms.

Stukāns, formerly Chair of the Criminal Division of the Riga Regional Court, was unanimously confirmed by the Saeima as Prosecutor General on June 18, 2020.

This year, the Supreme Court received a complaint concerning alleged legal violations by Stukāns. Acting as a whistleblower, Prosecutor Viorika Jirgena submitted a report to Chief Justice Strupišs, claiming that Stukāns violated the Prosecution Law by instructing a supervising prosecutor to take action contrary to their professional judgment in the case concerning former Prime Minister Krišjānis Kariņš’s government flight expenses — specifically, to press charges against someone whom Jirgena believed should not be prosecuted.

However, after reviewing the findings, the full session of the Supreme Court found no grounds to dismiss Stukāns. The opinion did recommend that he pay closer attention to his public statements and professional conduct.

Stukāns has denied using the offensive language quoted in Jirgena’s whistleblower report and denied pressuring anyone to bring charges in the government flights case.