What are your basic rights in an involuntary placement procedure?
The fact that you have a mental disorder or disability does not mean that you can be excluded from the procedure where decisions are made about you. You have various basic rights in the procedure deciding on a security measure due to your mental disorder or disability.
Presence & Participation
You have the right to be present in person at the hearing where the investigative judge or the court is deciding on the security measure. In some cases, an expert may advise the court that participation is not good for you because of your mental state. In that case, you will have a representative who must be present at this hearing. You (if your health condition permits) and your attorney-at-law have the right to express your opinion during the hearing in front of the judge.
Attorney-at-law
The representation of an attorney-at-law is compulsory at this hearing. If you don’t have the financial resources, an attorney-at-law will be provided and paid for by the state.
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
You have the right to appeal the decision about the security measure. You should submit the appeal if you believe that there is a fault in the facts or in the legal reasoning, or if any of your fundamental rights were not respected. The procedure for an appeal is explained in the Criminal Procedure Law for both – decisions of a court and of an investigative judge. It is very important to observe the time limits allowed for appeals. The decision of the investigative judge or the court can be appealed within the deadlines specified in the decision.
Reasoned decision
The investigative judge or the court has to examine all the facts that would speak for and against your placement in a mental health care institution as a security measure. Special diligence should be exercised in doing this. The investigative judge must issue a well-reasoned decision, especially if he or she has decided to grant the placement. It means that the grounds for why you will be placed in a mental health care institution and specifically why that is necessary in your case must be very clearly explained. The reasons cannot be superficial and generic.
What human rights violation may there be?
If your rights in the decision making process are not respected, it may result in your unlawful placement in a mental health care institution and violate the right to liberty and the security of a person.