Proceedings of the 9th International Academic Conference, Istanbul

GUARANTEES OF PERSONS DEPRIVED OF LIBERTY IN CRIMINAL PROCEDURE IN THE LIGHT OF RECOMMENDATIONS ISSUED BY THE EUROPEAN COMMITTEE FOR THE PREVENTION OF TORTURE AND INHUMAN OR DEGRADING TREATMENT OF PUNISHMENT

JELENA GROMA, SANDRA KAIJA

Abstract:

Compulsion creates optimal conditions for the overall functioning of each country. A compulsion includes administrative, criminal procedural, disciplinary etc. types. Legal acts create a basis determining conditions, procedure, and order of application of compulsory measures. The main purpose of the Latvian Criminal Procedure Law is to determine the order of criminal procedure that ensures the effective application of the norms of the Criminal Law and the fair regulation of criminal legal relations without unjustified intervention in the life of a person. In turn, the overall purpose of the criminal procedural compulsion is to provide a necessary conditioning for effective investigation of the criminal offense. Detention is the criminal procedural compulsory measure related to the deprivation of liberty. According to the Latvian Criminal Procedure Law this assumes the deprivation of the liberty of a person, for a period of time of up to 48 hours, without a decision of an investigating judge, if conditions for detention exist. Simultaneously, this means that a detained person's rights and liberties are restricted for a certain period of time. A detained person is exposed to social isolation and sustained in special conditions. There is a risk appearing due to the fact that conditions to which a detained person is exposed can be inhumane humiliating a person's dignity. This study aims analysis of a current situation related to the rights of detained person, and discussed in the light of recommendations proposed by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment (CPT). CPT organizes visits following the implementation of human rights in places of detention in European states. After each visit, the CPT sends a detailed report to the State concerned which includes the CPT’s findings, and its recommendations, comments and requests for information. Analysis of recommendations issued by the CPT visiting Baltic States appears to be in the focus of interest of this study.

Keywords: human rights, criminal procedural detention, prevention of torture

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