You may be punished if you have violated the internal rules of the prison. These punishments are called disciplinary sanctions.
Only disciplinary sanctions that are legally permitted can be imposed. The law has to clearly state the type of penalty that can be imposed for a specific violation. In Latvia, there are several types of disciplinary sanctions - from a warning to a temporary placement in solitary confinement.
Rules on disciplinary proceedings and sanctions are set out in the Sentence Execution Code and Internal Regulations of Prisons for convicted prisoners and the Law on the Procedures for Holding under Arrest for investigative prisons.
A written decision
According to Latvian law, the head of the prison can impose a disciplinary penalty by a written decision. This decision, issued in writing, must include a full description of the violation, your explanations, and the reasons why the particular disciplinary penalty was applied.
When the head of the prison takes this decision, he/she must hear your opinion and explanations. This is particularly important if the potential penalty is to be placement in solitary confinement. Bear in mind that the right to be heard means that you must be able to express your opinion, but it does not require the head of the prison to agree with your opinion.
Appeal
You can appeal the decision of the head of the prison to the head of the Latvian Prison Administration within 10 days of receiving it. The decision by the head of the Latvian Prison Administration can be appealed to the Administrative Court.
The procedure for the appeal is laid out in the Sentence Execution Code of Latvia if you are serving a prison sentence and in Law on the Procedures for Holding under Arrest if you are in an investigative prison awaiting the final judgment in your case.
You may also file a complaint to a prosecutor within the same time-limit.
What human rights violation may there be?
Right to a private and family life
Depending on the type of penalty applied, serious violations of the disciplinary procedure may violate your right to a private and family life.
example If the chief of the prison has prevented you from meeting your family members as a disciplinary punishment, but such decision has not been issued in writing, it may violate your right to family life.
Right to a fair trial
Your placement in solitary confinement is comparable, in its seriousness, to a deprivation of liberty. Therefore, you are entitled to the guarantee of a right to a fair trial in disciplinary proceedings involving solitary confinement.
example If you are placed in solitary confinement for 15 days, without an opportunity to express your opinion during the decision making process, your right to a fair trial may have been violated.
Read more about the right to a fair trial.