The Latvian government has approved amendments to the Law on the Procedure for Holding Persons in Pre-Trial Detention, expanding the rights of pre-trial detainees. The proposed changes would broaden access to video calls, extend certain rights to registered partners, and allow children to stay with their detained mothers in remand prisons until the age of four instead of the current three.
Under the amendments, rights previously granted only to spouses and relatives would also apply to registered partners. The change reflects the introduction of Latvia’s legal partnership framework, which came into force on 1 July 2024 and recognizes close personal relationships between two adult partners.
The amendments also provide that detainees with relatives, spouses, registered partners or legal guardians will be entitled to use video calls for up to 15 minutes, provided the prison governor grants permission and the detainee requests the call.
Currently, video calls are available only to certain categories of detainees or in exceptional cases with the approval of the remand prison administration.
Unlike convicted prisoners, whose video conversations take place without prison staff present, pre-trial detainees will continue to have their video calls supervised by prison officials. The Ministry of Justice explained that there have been cases where additional people appeared on the caller’s side of the video connection, including suspected accomplices or individuals with whom investigators had prohibited communication. Supervision is therefore considered necessary to ensure prison security and enforce restrictions imposed during criminal proceedings.
The amendments would also allow detained women, with the approval of the guardianship authority, to keep children in remand prison until they reach four years of age, extending the current limit of three years.
In addition, the proposed legislation would restrict detainees’ access to documents if their contents could endanger prison security, individual safety or public security. The restrictions would also cover information relating to inmates who have assisted in criminal investigations, former judges, former law enforcement officers, and the reasons why certain prisoners are held separately. Other documents prepared during detention would remain accessible in accordance with applicable laws and upon request.
The amendments further clarify that detainees receiving treatment in medical institutions outside the prison system will not be entitled to visits, telephone calls or video calls under the standard detention rules. Meetings with relatives, spouses, registered partners or other persons would instead be governed by prisoner escort regulations and require coordination with both the medical institution and the authority conducting the criminal proceedings.
Another proposed change would require adult detainees to reimburse the cost of medical examinations if tests confirm they were under the influence of alcohol, narcotics or other intoxicating substances. The decision would be made by the governor of the remand prison and could be enforced under Latvia’s Administrative Procedure Law if necessary.
For juvenile detainees, such examination costs would continue to be covered by the state budget, reflecting their special legal status and additional protections. The same rules would apply to detainees who reach adulthood while being held in juvenile correctional institutions, ensuring equal treatment for all adult detainees.
The amendments also introduce a new rule requiring all visits during the first three months of detention to take place with a physical barrier separating detainees from visitors. After that period, visits may be held without a barrier unless security risks or violations are identified.
Authorities would also have the power to extend the use of physical barriers beyond the initial three months on an individual basis if security concerns remain, such as attempts to pass prohibited items. Such decisions could be appealed in accordance with the Administrative Procedure Law.
The proposed amendments must still be approved by the Saeima before they can enter into force.
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