5.1Inleiding
In andere zaken die zagen op Letse EAB’s heeft de rechtbank, onder meer in haar uitspraken van 21 februari 2024en 19 september 2024, geoordeeld dat sprake is van een algemeen reëel gevaar dat gedetineerden in Letland aan een onmenselijke of vernederende behandeling zullen worden blootgesteld. Het algemene gevaar ziet met name op het bestaan van een informele hiërarchie onder gedetineerden (het ‘kastenstelsel’) in de Letse gevangenissen, met geweld tegen en een vernederende behandeling van gedetineerden in de lagere kasten als gevolg.
Dat betekent dat de rechtbank ook in deze zaak concreet en nauwkeurig moet beoordelen of er zwaarwegende en op feiten berustende gronden bestaan om aan te nemen dat de opgeëiste persoon dit gevaar zal lopen na overlevering aan Letland.
Bij brief van 12 mei 2025 heeft de uitvaardigende justitiële autoriteit een brief van 8 mei 2025 van
the Chief, Colonel, Prison Administration Republic of Latviaverstrekt met onder meer de volgende informatie in antwoord op door de officier van justitie gestelde vragen:
The Administration informs that, in case of extradition to the Republic of Latvia, [opgeëiste persoon] will be initially placed in the investigation prison unit of the Riga Central Prison. The person's placement will then be determined in accordance with the criteria set out in the laws and regulations referred to below in this letter, as well as taking into account the location of the person directing the proceedings.
In response to question 6
: "What specific protection can be offered to the sought person?"
The Administration informs that specific and targeted protection of prisoners is ensured in places of detention in the event of a serious threat. For example, relocation to another cell or unit to prevent direct contact with persons potentially causing threats. Transfer to another building if higher level of protection is required. Transfer to another place of detention if other measures are not sufficiently effective or appropriate.
In situations where transfer is not possible or effective, prison officials will carry out increased supervision (monitoring) of the prisoner, including regular checks of cells and the unit. CCTV cameras are also used to identify conflict and threat situations. Besides, prison officials react swiftly to any threats. In the event of a risk, the prisoner may, at any time of the day or night, contact the officials responsible for the 24-hour supervision of prisoners.
In the place of detention, each case is examined individually to select the most appropriate and effective measures to protect the prisoner, taking into account: the seriousness and sources of the threat, security needs of the prisoner, possible conflict situations in the place of detention and CPT recommendations.
Thus, in the places of detention in the Republic of Latvia, targeted and effective protection of the prisoner is ensured on the basis of an individual risk assessment and the application of the most appropriate security measures.
In response to question 9:
"In particular, what protection is provided by a system of round-the-clock monitoring of prisoners when the person sought is exposed to the risk of violence and/or inhuman or degrading treatment because of the caste system?"
The Administration informs that the round-the-clock (24-hour) monitoring system in places of detention provides active and preventive protection for prisoners, including where a prisoner is exposed to the risk of violence and/or inhuman or degrading treatment due to the informal hierarchy.
Round-the-clock monitoring includes - video surveillance and regular staff checks. It should be noted that CCTV cameras allow for prompt identification of any suspicious or aggressive situations. CCTV cameras are placed in common areas, movement areas and other critical areas to ensure constant monitoring of the situation.
Video surveillance is combined with prompt action by officials, ensuring timely intervention in the event of violence or danger.
In addition, it should be noted that prison officials carry out scheduled and unscheduled inspections of cells (including units, living quarters, common areas, etc.), thereby systematically monitoring the behavior of prisoners, presence of injuries and the general atmosphere in the room. Round-the-clock monitoring helps staff to promptly identify potential conflicts, situations of tension or signs of emotional distress. Regular patrols ensure that prisoners are not left unattended for too long, reducing the risk of violence.
If a risk of violence or degrading treatment is detected, immediate protective measures are taken, i.e., immediate transfer of the prisoner to another cell, unit or other more secure area of the place of detention. Separate isolation from potential sources of danger (if necessary) is ensured. Besides, staff can also monitor a particular prisoner more closely, thus ensuring the prisoner's protection.
A prisoner who feels threatened or is in a violent environment has the apply to turn to the officials and request protection at any time of the day. Officials are obliged to assess the situation promptly and take appropriate decisions to ensure safety of the prisoner.
In summary, uninterrupted (24/7) monitoring system combines video surveillance, regular staff checks and operational action to effectively prevent violence and ensure protection of the prisoner from inhuman or degrading treatment.
a. "Is it possible for the person sought to communicate directly with prison officials at any time if such a situation arises?"
The Administration informs that the places of detention in the Republic of Latvia ensure uninterrupted monitoring and prompt access to officials, which guarantees the prisoner the possibility to directly address the officials of the place of detention at any time in a situation of threat.
The prisoner can approach the officials through several mechanisms: during the daily numerical check - the prisoner can directly contact the staff; call button in the cell - an immediate signal is sent to the monitoring officials; knocking on the cell door - the prisoner can draw the attention of the staff; application for an interview with: chief of the prison or his deputy, Security Department officials, Supervision Department officials, Resocialization Department officials, etc. For example, officials of the Supervision Department regularly carry out regime measures and are in places visible and accessible to the prisoners, carrying out checks of cells and beats. This includes escorting prisoners to various activities (telephone calls, meetings, walks, showers, sports activities, visits to educational institutions, etc.). This system ensures that the prisoner always has the possibility to communicate with the official unobtrusively or directly, depending on the situation.
If a prisoner reports a threat, the official shall immediately assess the situation and take the necessary protective measures, such as moving the prisoner to another cell or to a safer room, increasing monitoring and video surveillance, conducting an operational investigation of the situation to identify the source of the threat and prevent recurrence.
Wide and varied system of communication is provided in places of detention of the Republic of Latvia, which allows prisoners to contact officials directly at any time. Any official on duty is responsible for immediate response to a complaint or request for assistance from a prisoner to ensure their safety and prevent possible risks to their health or life.
b. "If so, can il be guaranteed that there will be enough prison officials to intervene promptly and appropriately?"
The Administration informs that sufficient staff is provided in prisons in the Republic of
Latvia to act in timely manner to guarantee the safety of prisoners and to prevent situations of danger.
Prison officials in charge of supervision of the prisoners are placed in strategic points to ensure constant monitoring and response to threat situations. Duties of the officials shall be distributed in such a way as to ensure uninterrupted supervision of all prisoners in accordance with the established regime and requirements of the internal procedures. Duties of the officials include, for example: ensuring the mandatory isolation and control of prisoners; responding in situations requiring operative assistance or protection; preventing unauthorized contact between prisoners or between prisoners and third parties.
The number of officials on duty is sufficient to ensure continuous supervision and timely intervention. Officials are deployed to manage situations and respond promptly to any situations of violence, threat or conflict.
Officials regularly inspect cells and the prison in order to identify potential sources of threat in good time. Officials are trained to deal with crisis situations to ensure the safety of prisoners and prevent violence or inhuman treatment. CCTV and other technical means are used to help promptly identify potential risks.
In view of the above, continuous and effective supervision is ensured in places of detention of the Republic of Latvia, and the number of officials is sufficient to respond adequately in all situations, guaranteeing the safety of prisoners and preventing situations of danger.
In response to question 10:
"If the person sought is at risk of being exposed to inhuman or degrading treatment:
(a) how quickly can he be placed in another cel! or in another prison?
In such cases, transfer to another cell takes place immediately, as soon as the threat is detected.
The Administration guarantees that:
1 Single living quarters where [opgeëiste persoon] may be placed in all the places of detention,
excluding sanitary facilities, is not less than 4 m2.
2 In all multi-bed living quarters in places of detention where [opgeëiste persoon] may be
accommodated, he shall have access to a living quarter of not less than 4 m2, including sanitary facilities. Daugavgrĭva Prison and Jelgava Prison have about 15 multi-bed living quarters, with an area (excluding sanitary facilities) of 3.5 m2 to 4 m2 per prisoner. The area of other multi-bed living quarters (excluding sanitary facilities) in Daugavgrĭva Prison, Jelgava Prison and other places of detention is between 4 m2 and 10 m2 per prisoner.