Constitutional Court of the Republic of Latvia
5 December 2001
Facts
The applicant, Mr Ķiploks, was detained on remand for almost 3 years before he was convicted and sentenced to 1,5 years in prison.
Complaint
Mr Ķiploks complained that he had spent in the detention twice as long as he ought to have according to his judgment and that no law allows him to acquire a compensation for the violation of his rights.
Court’s ruling
The Court emphasized that Article 92 of the Constitution of the Republic of Latvia (Satversme) provided that if the State has violated fundamental rights of an individual, this individual has the right to receive an appropriate compensation from the State. Consequently, even if there is no specific law allowing claims such as the claim of Mr Ķiploks, he is still entitled to compensation if his rights indeed have been violated by the State.