The State can restrict human rights through the actions of state officials. In these cases, they do not issue an official written decision, however, the very actions of state officials may act as measures that restrict human rights. 

example During a demonstration, police officers may order that a loudspeaker be switched off, or may detain people. 

‘Actions’ that restrict human rights may also include a failure to act where state institutions or officials have an obligation to do so. 

example If you are detained at police detention facility, you have a right to receive food and drinking water. The failure to provide you with food and water may result in a violation of your human rights. Similarly, if a school or other educational institution fails to act to prevent the bullying of students, this may violate children’s right to be protected from psychological violence.

Effective remedy

You do not lose your right to an effective remedy because there was no official written decision issued when your rights were restricted by the actions of state officials. The right to an effective remedy applies to all potential violations of human rights, including those that are the result of actions by public officials.

In Latvia, you can contest the legality and validity of actions by state officials in an administrative procedure if such actions significantly infringe upon your human rights. In this case, you will usually need to first challenge the legality of the actions by state officials before a higher institution or official, and then appeal their decision before the Administrative court. In some cases, you can go directly to the Administrative court.

Read more about administrative proceedings.

The actions of investigators, prosecutors or other officials involved in criminal proceedings require a special complaint procedure. It is laid out in the Criminal Procedure Law.

Read more about criminal proceedings.

Resources

Last updated 18/03/2023