(Prisons – Effective remedy)
Верховный суд Латвийской Республики
7 ноября 2007 года
Facts
The applicant, Mr. B., submitted an application to the district administrative court claiming compensation for the fact that he is not able to obtain secondary education and work during his imprisonment. The district and regional court refused to accept his application stating that there is no substantial infringement the applicant’s fundamental rights which would warrant the commencement of administrative proceedings.
Complaint
The applicant complained that the judges of lower courts have violated his right to submit a complaint about the violations of his right to education and right to work.
Court's ruling
The Supreme Court stated that a prisoner is considered to be a specially subordinated person to the prison administration. In such cases a prisoners claim can be examined by the administrative court if the decision or actions in question have substantially infringed a prisoner’s human rights. Therefore a court had to determine firstly whether applicant’s human rights have been infringed and secondly whether such infringement was substantive. In the particular case the Court found that prisoners do not enjoy fundamental rights to free secondary education in prison. Similarly the court concluded that the prisoners also do not have the right to demand a possibility to do paid work in prison. Since the Court found no infringement of the applicant’s human rights, the Court ruled that the case should not be heard by administrative courts and his right to access the court has not been violated.