Procedure

The detention procedure must be clearly explained by law and followed for detention on remand to be lawful.

Who?

Human rights require that detention on remand is decided by a court or a court-like authority. In Latvia, detention on remand must be decided by an investigative judge before the trial has started or by a court if your trial has begun.

Participation

You have the right to be present at the hearing in front of the investigative judge or the court and to explain your arguments as to why you should be released. Your lawyer must also be allowed to participate and help you at the hearing. If you do not understand and/or speak Latvian, the investigative judge or the court has a duty to arrange a State paid translator during the hearing.

Reasoned decision

The investigative judge or the court has to examine all the facts for and against your detention on remand. The judges must be very diligent in doing this.  The investigative judge must issue a well-reasoned decision, especially if he or she has decided to keep you on remand. This means that the decision must very clearly explain the grounds on which you will be detained and why that is necessary at this stage of the proceedings. The reasons cannot be superficial and generic. If you do not understand Latvian, the court has to provide you with a translation of the decision in a language you understand without delay.

Appeals

You have a right to appeal the decision to keep you detained on remand. You can submit an appeal if you believe that there is a fault in the facts or in the legal reasoning, or if your human rights were not respected in the process. It is very important to observe the time limits allowed for appeals, which are different for the investigative judge and for the court. The procedure for the appeal and the time limits must be indicated in your detention decision. They are also stated in the Criminal Procedure Law.

What human rights violation may there be?

If your detention on remand process did not comply with the given requirements, there may be a violation of the right to liberty and security of a person.

Human Rights Guide

A European platform for human rights education