Department confirms that all the guarantees given by Department in its letter (…) of 9 August 2023 are also valid for the prisons mentioned in the letter (Riga Central Prison (…) and the Investigation Prison Unit of Daugavgriva Prison (…), where [opgeëiste persoon] will be held after his extradition.
In reply to the enquiry - "What concrete measures have been (will be) taken to prevent the risk that the requested person will actually be exposed to interprisoner violence?", we explain the following.
In prisons, reports of alleged interprisoner violence are recorded independently of the prisoner's complaint, that is, when the representatives of prison administration establish that violence may have occurred between prisoners, for example, when they discover bodily injuries, they report the incident in writing to the prison administration officials by drawing up a service note, which is recorded in "Incident Log". The information related to the alleged interprisoner violence is referred to an investigator for consideration, in case of need involving the employees of the Prison Security Unit. Departmental checks are carried out during the examination of the information, following which a decision is made on further progress. In general, cases of violence against prisoners are examined in accordance with the Criminal Procedure Law, as a result of which the investigator makes a decision on the initiation of criminal proceedings or on the refusal to initiate criminal proceedings.
When it is established that a criminal offence has been committed and it has obvious consequences, as well as in cases where it is necessary to use the means and methods of the criminal procedure to investigate information related to the commission of a criminal offence,criminal proceedings shall be initiated immediately.
Investigators are procedurally independent persons and report directly to the Head of the Department of Imprisonment Institutions.
The validity and legality of the decisions made are checked and coordinated in the relevant supervising prosecution office. The prisoner can appeal the decision taken by the investigator to the supervising prosecution office (according to its territorial jurisdiction), while the prisoner can appeal the decision taken by the prosecutor to a higher-ranking prosecutor.
Cases related to acts of violence committed by employees of imprisonment Institutions against prisoners, in accordance with Paragraph two of Section 4 of the Internal Security Bureau Law, shall be referred to the Internal Security Bureau for examination within its competence.
In addition, we would like to inform you that in cases where physical force was used between prisoners during a conflict, but no bodily injuries were found or they were minor (scratches, abrasions, small haematomas), a prison administration takes disciplinary actions against the prisoners (the arrested or convicted persons).
Convicted persons have the right to apply to prison administration or to Department. Namely, Paragraph two of Section 50 of the Sentence Execution Code of Latvia (hereinafter referred to as "Code") provides that submissions of a convicted person for matters related to the circumstances for the execution of the custodial sentence shall be examined by the head of a prison in accordance with the procedures laid down in the Law on Submissions. Submissions of a convicted person by which an administrative act issued by and an actual action of the administration of the prison are contested shall be examined by the head of the Department of Imprisonment Institutions in accordance with the procedures laid down in the Administrative Procedure Law.
As well as Section 387(5) of the Criminal Procedure Law provides that authorised officials of the Department of Imprisonment Institutions shall investigate criminal offences committed by arrested or convicted persons, or by employees of the Department of Imprisonment Institutions in places of imprisonment. Therefore, if a prisoner has information about an alleged commission of a criminal offence, such prisoner has the right to apply to Department with a request to assess the issue of initiating criminal proceedings.
In the event of a threat, a person must be immediately transferred to another cell, but if this threat is very serious, then such person may also be transferred to another prison.
In reply to the enquiry - "What concrete measures have been (will be) taken in Riga Central Prison and the Investigation Prison Unit of Daugavgriva Prison to overcome "the shortage of medical staff"? ", we explain the following.
Health care in prisons is provided in accordance with the requirements of Section 22 of the Law on the Procedures for Holding under Arrest, Section 78 of Code, and the Regulations of the Cabinet of Ministers No. 276 of 2 June 2015 "Procedures for Ensuring the Health Care to Arrested and Convicted Persons" (hereinafter referred to as "Regulations Nr. 276").
In accordance with the requirements of Regulations No. 276, outpatient health care for prisoners is provided by the outpatient facilities of the Latvian Prison Hospital - the Medical Facility of each prison, while the inpatient health care is provided by the Latvian Prison Hospital. If it is not possible to provide appropriate health care to prisoners in the Medical Facility of a prison or in the Latvian Prison Hospital, health care shall be provided in medical institutions outside prison according to medical indications.
Health care services in prisons are provided at the expense of the state budget, except for elective dental care, which must be covered by prisoners' personal funds.
Both Riga Central Prison and Daugavgriva Prison have adequate medical staffing to ensure health care of prisoners in accordance with the requirements of regulatory acts.