What are the requirements for lawful detention in an immigration context?
Requirements
You may be detained if you do not have a legal basis to be in Latvia.
For example:
- you have tried to cross the state border in an unauthorized place
- you do not have valid travel documents, a visa, a residence permit or you hide your identity
- you have not voluntarily left the country by the date indicated in your return decision
- the Latvian authorities have grounds to believe that you are a threat to national security or public order
The specific grounds for detention, when you are in the country without a legal basis, are explained in the Immigration Law.
Human rights standards
Even if there are grounds to detain you, your detention will only comply with human rights standards if:
- you are detained according to the procedure prescribed in the Immigration Law
- there is an intention to return you to your country and not to keep you endlessly for some other reason
- you are held in a place meant for the detention of immigrants
- Read more about the detention place, conditions and treatment
What human rights violation may there be?
If you are not detained according to lawful grounds and/or following lawful procedures, it may result in the violation of the right to liberty and security of a person.