Formal procedure
The review of your placement in a mental health care institution for a forensic psychiatric assessment must be done at a formal hearing. The review must not be carried out in an informal way via telephone calls or otherwise, without your presence as the person about whom the decision is being made. The formal decision must be made according to the Criminal Procedure Law.
Presence and participation
You, as the person about whom the decision is made, and your attorney-at-law, have to be present at the hearing. If you cannot participate according to the opinion of an expert and the court’s decision, your representative must be present in your place. You, or your representative, and your attorney-at-law, have the right to present your arguments. The court must hear your side of the situation.
Language
If you do not understand and/or speak Latvian, the court has a duty to arrange a state paid translator during the hearing. You also have the right to receive a translation of the decision in the language you understand without delay.
Appeal and resubmission
You cannot appeal the review decision. It is because you have the right at any time to ask for a repeated review of the decision about your placement in a mental health care institution for an assessment.
What human rights violation may there be?
If your rights in the decision making process are not respected, it may result in an unlawful or arbitrary continuation of your placement in a mental health care institution and violate the right to liberty and the security of a person.