The review of your compulsory placement must be made in a formal court hearing. The review must not be carried out in an informal way via telephone calls or otherwise, without the presence of the person in question. A formal decision must be made according to the Criminal Procedure Law.
Presence and participation
You and your attorney-at-law must be present at the hearing. If, according to the opinion of an expert and the court’s decision you should not participate, 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 rights to receive a translation of the decision in the language you understand without delay.
Appeal
You have the right to appeal the decision. In this case, you should submit the appeal if you believe that the problem with the decision is related to the law applied or the legal reasoning. This is called cassation. The appeal procedure is explained in the Criminal Procedure Law. It is very important to observe the time limits allowed for appeals. According to the Criminal Procedure Law, all decisions and judgements can be appealed within the time limit specified in the court decision.
What human rights violation may there be?
If your rights are not respected in the decision making process, 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.