Legal bases: Latvia
 

I.) Law on the Ombudsman's Office

(Draft plan)


Article 1. Aim of the Present Law
The aim of the present Law is to promote respect for human rights and the guarantee of validity and lawfulness of the activities of subjects of public law and their officials.

Article 2. Ombudsman
(1) Ombudsman is an official, who has been confirmed in this position in compliance with the provisions of the present Law and who is in charge of the Ombudsman's Office and fulfils the responsibilities and functions specified in the present Law.
(2) The Ombudsman's conclusions and recommendations shall bear recommendatory character.

Article 3. Ombudsman's Independence and Immunity
(1)The Ombudsman shall be independent and subject only to the law. Nobody shall have the right to influence the Ombudsman in fulfilling his responsibilities and functions.
(2) The person holding the office of the Ombudsman shall not belong to any political parties.
(3) The Ombudsman may be subject to criminal prosecution, arrest, search, detention, transfer by force or any other form of the restriction of the Ombudsman's liberty or to administrative penalty only if the Saeima consents thereto.

Article 4. The Ombudsman's Office
(1) To ensure the functioning of the Ombudsman, an office shall be set up. The office shall be under the charge of and its regulations shall be approved by the Ombudsman.
(2)The Ombudsman's Office shall be an independent state institution, that shall fulfil the responsibilities and functions specified in the present Law.
(3)The Ombudsman's office shall have an account of funds of the state budget with the Treasury.
(4) The Ombudsman's office shall have a stamp, which shall comprise the picture of the small supplemented national coat of arms and the name of the office.

Article 5. Responsibilities of the Ombudsman's Office
The Ombudsman's Office shall have the following responsibilities:
1) to promote respect for person's rights and lawful interests;
2) to promote protection of the rights of the child;
3) to promote the guarantee of the principle of equal treatment and prevention of any form of discrimination;
4) to follow the abidance by the principle of good governance in state administration;
5) to disclose shortcomings and controversies in acts of legislation and their application and to encourage their rectification;
6) to stimulate the information and understanding of the public about human rights and the Ombudsman´s work.

Article 6. Functions of the Ombudsman's Office
In fulfilling the tasks specified in the present Law, the Ombudsman's office shall:
1) receive and examine individual applications, complaints and suggestions;
2) instigate inspection to clarify the circumstances of the respective case;
3) demand state institutions and local authorities within the scope of their competence and the terms stipulated in the legislation, to carry out inspection necessary for clarifying the circumstances of the respective case and to report to the Office on the findings of such inspection;
4) defending the lawful rights and interests of individuals, submit conclusions and recommendations regarding the lawfulness and validity of the adopted administrative acts to state or local authorities or officials or other subjects of public law;
5) deal with conflict situations between a physical person or a legal entity and a subject of public law or its official as well as between subjects of private law on the issues pertaining to human rights;
6) encourage reconciliation between the sides;
7) submit applications regarding the instigation of a case in the Constitutional Court;
8) submit recommendations to the Saeima, the Cabinet of Ministers and local authorities pertaining to the passing of or amendments to acts of legislation;
9) based on materials at its disposal, address competent institutions to achieve a decision in the concrete matter or instigation of a case;
10) provide consultation to individuals on matters pertaining to human rights;
11) carry out research and analyse situation pertaining to human rights and provide conclusions on topical human rights issues.

Article 7. Appointing to the office and confirmation of Ombudsman
(1) A person whom the President has recommended for the office of the Ombudsman shall be confirmed by the Saeima.
(2) A person who is a citizen of Latvia with stainless reputation, has attained 30 years of age, has a degree of higher education, skills and experience of work in the field of law enforcement and complies with the qualifications specified in the legislation in order to be eligible for special access to state secrets may be appointed Ombudsman.

Article 8. Ombudsman's oath (vow)
Upon assuming his/her duties, the Ombudsman shall take the following solemn oath at the Saeima:
"I,.............. upon assuming the duties of the Ombudsman, am aware of the responsibility that is entrusted to me and swear (solemnly promise) to be fair and just in defending individuals' rights and freedoms in compliance with the Constitution, and laws of the Republic of Latvia and international agreements."

Article 9. Term of office of Ombudsman
(1) Ombudsman shall be appointed for a term of four years, counting from the day on which he/she has sworn the oath (given the solemn promise) in compliance with Article 8 of the present Law.
(2) Ombudsman may be appointed to office repeatedly.

Article 10. Restrictions and prohibitions for officials employed in the Ombudsman's Office
Officials employed in the Ombudsman's office shall be subject to restrictions and prohibitions applicable to state officials that are specified in the law "On Prevention of Conflict of Interest in the Activities of Public Officials".

Article 11. Suspension of Ombudsman's powers
Should the Saeima consent to an instigation of criminal prosecution against the Ombudsman, his/her powers shall be suspended until the moment the court judgement in the respective criminal case comes into force or the criminal case against the Ombudsman is closed.

Article 12. Removal of Ombudsman from office
(1) The Ombudsman shall be removed from office by the Saeima in the following cases:
1) due to the expiration of his/her term of office;
2) should he/she resign from the office on his/her own initiative, informing the Saeima of this decision in writing;
3) Should he/she be unable to continue to fulfil his/her duties due to his her/health;
4) should he/she be convicted for a criminal offence and the judgement has lawfully come into force
5) should he/she has permitted a disgraceful deed to take place that is not combinable with the status of the Ombudsman;
6) should he/she fail to fulfil his/her duties without a valid reason;
7) Should he/she be elected or appointed to a different office.

(2) The issue on the removal of the Ombudsman from office may be proposed by the President or not less than one third of the members of the Saeima.

Article 13. Deputy Ombudsman
(1) The Ombudsman shall appoint Deputy Ombudsman.
(2) In the absence of the Ombudsman his/her responsibilities and functions shall be fulfilled by the Deputy Ombudsman, who during this period shall enjoy the same powers as the Ombudsman.
(3) The Deputy Ombudsman shall assume the duties, responsibilities and functions of the Ombudsman in cases specified in articles 11 and 12 of the present Law and shall fulfil them until the moment the Saeima confirms a new Ombudsman or the criminal case against the Ombudsman is closed.

Article 14. Rights of the Officials Employed in the Ombudsman's Office
(1) In fulfilling their responsibilities specified in the law, the officials employed in the Ombudsman's office shall enjoy the rights to do the following:
1) to require and receive free of charge explanations and information necessary for the relevant inspected case from state and local authority institutions and their officials;
2) to visit any company, institution or organisation in order to study the materials necessary for the relevant inspection;
3) at any time and without a special permit to visit the institutions of closed type, freely to move through territory of the respective institution, to visit all premises and to have tête-à-tête meetings with persons kept in the institutions of closed type;
4) to hear the view of a child in the absence of his/her parents, guardians or employees of the respective institution for care and education should the child desire so;
5) to invite any person to provide information on issues that are of essential importance in the relevant inspected case;
6) to instigate a case of inspection on his/her personal initiative;
7) to require and receive conclusions of experts on the relevant inspected case;
8) to take part in the sessions of the Saeima and the Cabinet of Ministers;
9) to propose an issue of subjecting a person to liability in compliance with the procedure specified in the law, if the respective person has hampered the work of the Ombudsman by failing to provide the necessary information or providing wrong information and explanations or hampering the inspection in any other way;
10) in defending the rights and lawful interests of individuals, to submit to the court applications for administrative and civil cases, in which the substantiation of the claim is related to activities of subjects of public law or violation of the prohibition of differentiated treatment and to take part in the hearing of the respective cases in the status of representatives of the respective individuals.

(2) The Ombudsman shall have the right to refuse to instigate a case of inspection in the following cases: 1) if more than one year has transpired since the relevant state or local authority has passed the contested decision;
2) if the application, complaint or proposal has not yet been reviewed by the institution, under the direct competence of which the respective matter lies;
3) if the respective application or complaint pertains to a decision, which has lawfully come into force and is not subject to appeal;
4) if the respective matter pertains to a dispute between subjects of private law that lies in the realm of civil rights and does not require amendments to acts of legislation;
5) if proceedings are taking place regarding the respective case;
6) if the respective case has been reviewed in the Ombudsman's office earlier.

Article 15. Protection of the Rights of Applicant
(1) Applicant must not be punished or otherwise directly or indirectly caused unfavourable consequences for the submitting of an application, complaint or proposal to the Ombudsman's office or for his/her co-operation with the Ombudsman's office.
(2) Applications, complaints or proposals addressed to the Ombudsman's office and mailed by persons who are performing their military service or are in extra-family institutions for care and education or institutions of closed type, as well as the replies of the Ombudsman's office shall not be subject to inspection specified in the acts of legislation and shall be submitted to the addressee without delay.
(3) For failure timely to submit applications, complaints or proposals specified in the second part of the present article, to the Ombudsman's office, as well as checking or disclosing of their content, the responsible persons shall be subject to liability as specified by the law.
(4) The Ombudsman shall not disclose information on the applicant or any other person, except in cases such information is necessary for the protection of the rights of these persons.

Article 16. Terms and procedure of the reviewing of applications and cases of inspection
(1) Having reviewed applications, complaints and proposals of individuals, the Ombudsman shall decide to instigate a case of inspection or to refuse to instigate a case of inspection.
(2) The Ombudsman shall inspect the case within the term of three months. Due to particular complexity of a case or any other objective reason the Ombudsman may extend the specified term.
(3) The procedure for the instigation of the case of inspection, documentation and decision making shall be fixed in special regulations, which shall be subject to approval by the Ombudsman.

Article 17. Advisory councils and working groups
(1) The Ombudsman may set up advisory councils and working groups for the elaboration of specific projects.
(2) The composition and regulations of the advisory councils and the composition of working groups shall be subject to approval by the Ombudsman.

Article 18. Reports
(1) The Ombudsman shall submit annual reports in written form on the work of the Ombudsman's office to the Saeima and the President.
(2) The Ombudsman shall have the right to report to the Saeima, parliamentary commissions, the President, the Cabinet of Ministers, institutions of state administration and international organisations on specific issues.

Article 19. Funding and structure of the Ombudsman's Office
(1) The Ombudsman's office shall be financed from the funds of the state budget.
(2) The budgetary request of the Ombudsman's office shall not be amended, up to the submission of the draft budget law to the Cabinet, without the consent of the Ombudsman's office.
(3) The structure and list of staff members of the Ombudsman's office shall be decided by the Ombudsman within the framework of the allocated budget.

Article 20. The Ombudsman's salary and social guarantees
(1) The Ombudsman's salary shall be on the level of the Minister's salary.
(2) The Ombudsman shall be entitled to all compensations, benefits, extra-payments and social guarantees that are granted to civil servants of the state by acts of legislation.

Article 21. Employees of the Ombudsman's office
(1) Employees of the Ombudsman's office, on the basis of a letter or authorisation of the Ombudsman, shall have the right to fulfil functions specified in article 6 of the present Law and exercise the rights as provided in the first part of Article 14.
(2) Labour relations of the employees of the Ombudsman's office shall be regulated by the Labour Law.
(3) Officials employed in the Ombudsman's office shall be entitled to all compensations, benefits, extra-payments and social guarantees that are granted to civil servants of the state by acts of legislation.

Transitional Provisions

1. Upon the coming into force of the present Law, the Law on National Human Rights' Office (published in official paper Saeimas un Ministru kabineta Zinotajs, 1997, No. 1) shall cease to be in force.
2. The Ombudsman's office shall be the heir to the rights and liabilities of the National Human Rights´Office.
3. The Director of the National Human Rights Office shall fulfil his functions until the confirmation of the
Ombudsman.

Required amendments to other acts of legislation

1. Amendments to the Constitution that would consolidate the constitutional status of the Ombudsman should be supported.

2. Should the Saeima consent that the Ombudsman's function of submitting proposals regarding amendments to acts of legislation to the Saeima that is specified in paragraph 7 of article 6, is binding instead of carrying recommendatory character, amendments will have to be made to article 65 of the Constitution and part (1) of Article 79 of the Rules of Procedure in order to grant the Ombudsman rights to initiate legislation.

Constitution: "Article 65. Draft laws may be submitted to the Saeima by the President, the Cabinet or committees of the Saeima, by not less than five members of the Saeima, the Ombudsman, or, in accordance with the procedures and in the cases provided for in this Constitution, by one-tenth of the electorate."

The Rules of Procedure of the Saeima" 79. (1) Draft laws may be submitted to the Saeima by
1) the President,
2) the Cabinet,
3) Saeima committees,
4) at least five Members, or
5) one-tenth of the electorate (Article 65 of the Constitution);
6) the Ombudsman.
Legislative initiatives must be drawn up in the form of draft laws."

3. Amendments will also be necessary in the Rules of Procedure of the Saeima and Article 17of the Law on the Structure of the Cabinet of Ministers in order to bring them in line with paragraph 8 of the first part of article 14.

4. The Ombudsman's office shall be added to the list of persons specified in article 17 of the Law on Constitutional Court who have the right to submit applications for the instigation of a case.

5. The Ombudsman's office shall be added to the list of institutions specified in the 5th part of Article 19 of the Law "On Budget and Financial Management": "The budget requests of the chancellery of the President, the Supreme Court, the Constitutional Court, State Audit Office and the Ombudsman's office shall not be amended, up to the submission of the draft budget law to the Cabinet, without the consent of the submitter of the request."

6. Article 4 (list of officials) of the Law "On Prevention of Conflict of Interest in the Activities of Public Officials" shall be amended to include the Ombudsman and Deputy Ombudsman, as well as part 6 of article 7 to include "heads and deputy heads of structural units of the Ombudsman's office".

7. Liability shall be provided for in the Administrative Code for violations specified in 3rd part of article 15 and paragraph 9 of article 14.

8. Amendments shall be made to article 8 of the Law on the Management of Places of Incarceration pertaining to the right to visit places of incarceration without a special permit.

9. Amendments shall be made to article 43 of the Civil Procedure Law to specify that the Ombudsman´s office is exempt from payment of court costs to the State as it submits application to the court.

 

II.) Latvian National Human Rights Office

Law of 5 December 1996 r.
on the Latvian National Human Rights Office



Article 1. The Purpose of the Activities of the Latvian National

Human Rights Office and its Legal Status

(1) The Latvian National Human Rights Office (the Office) is an independent state institution, promoting the observance of the fundamental rights and freedoms of individuals and citizens (hereafter - human rights) in the Republic of Latvia in accordance with the Constitution, international human rights treaties which are binding for Latvia and the Constitutional Law "On the Rights and Obligations of the Individual and the Citizen". The Office achieves this goal by performing the responsibilities indicated in Article 2 of this law.

(2) The Office is a legal entity and has its own budget. It is independent in its decisions and their implementation.

Article 2.
Responsibilities of the Office

The responsibilities of the Office are as follows:

1) to provide balanced information to the public on human rights, and to promote understanding and recognition of those rights;

2) to provide balanced information to the public on the human rights, guarantees and obligations provided in the legal norms of the Republic of Latvia;

3) to inquire into any complaint related to the abuse of human rights;

4) to irnmediately react to facts of human rights being violated, and on its own initiative determine conditions which may cause such violations;

5) to investigate the situation of observance of human rights in the country, especially in the areas concerning the vulnerable groups of society;

6) to elaborate programmes for the purpose of promoting the observance of human rights, and to co-ordinate the implernentation of any such programmes which are undertaken by state and local government institutions and working groups;

7) to carry out an analysis of Latvian legal norms in order to determine their compliance with international human rights treaties which are binding to Latvia;

8) at least once a year to present written reports to the Saeima and the Cabinet of Ministers on the Office's activities, and once a quarter - a written report on current human rights issues.

Article 3.
The Director of the Office

(1) The Office is headed by a Director who is appointed by the Saeima upon recommendation by the Cabinet of Ministers for a term of four years.

(2) The Director may be discharged or dismissed frorn office as provided by the Saeima Regulations.

(3) The Director may be discharged:

1) at his/her own request;

2) in the event he/she is elected or appointed to another post;

3) in the event he/she is elected to leadership of a political party or its auditing structure;

4) for reasons of health.

(4) The Director may be dismissed:

1) if the Director is convicted and the verdict has come into legal effect;

2) if he/she is in breach of the law related to the work of the Office, causing significant unfavourable consequences;

3) in case of behaviour irreconcilable with the status of the Director of the Office;

4) in case he/she is found unsuitable for the position of Director.

(5) The Director of the Office approves the personnel and structure of the Office according to procedures provided for by legislation.

(6) The Director of the Office has the same salary as a Minister.

Article 4.
Advisory Bodies and working groups of the Office

(1) The Office may establish permanent advisorY bodies and working groups for elaboration of specific projects.

(2) The mandates and tasks of the advisory bodies are approved by the Director of the Office. He/she also approves members of the advisory bodies and working groups.

 

Article 5.
The Jurisdiction of the Office for Investigating Complaints

(1) The procedure of investigating complaints is regulated by this Law and the Law "On the Procedure of Investigating Complaints, Submissions and Proposals by State and Local Government Institutions".

(2) The Office shall investigate complaints of violations of the rights of individuals and citizens as stated in the Constitution, international human rights treaties which are binding for Latvia and the Constitutional Law "On the Rights and Obligations of the Individual and the Citizen".

(3) The Office is entitled not to disclose information on the person submitting a complaint or another person, if necessary for the protection of the rights of the individual.

(4) The Office does not investigate a complaint, if a Court verdict has already come into legal effect in a civil, criminal or administrative case concerning the violation of human rights indicated therein and reached against the same person and for the same violation.

Article 6.
The Right to Request Information and Explanations

(1) The Office has the right to request necessary information from any state and municipal institution and physical and legal persons who may be aware of information relating to the violation of human rights under investigation.

(2) Following a summons from the Office, the relevant person shall appear at the time and place indicated and provide the necessary explanations and answers to questions concerning the circumstances of the violation of human rights under investigation. In the event the person is unable to appear or provide an explanation, he/she shall advise the Office, giving his/her reasons. An employer, also state and municipal institutions, may not prevent the appearance of the summoned person at the Office.

(3) No one may impede the Office in the exercise of its duties, or detain, influence or punish a person for co-operating with the Office or carrying out instructions or decisions of the Office, except institutions and officials who are granted such rights by law.

(4) Failure to provide information or explanations and failure to appear following a summons without a justified excuse shall result in liability of the official in accordance with the Code of Administrative Violations of Latvia.

Article 7.
Determination of Circumstances of a Case

(1) In order to determine the circumstances of a case and find facts, the Director of the Office shall hear explanations by the Parties and other persons, opinions of specialists, and examines other forms of information essential for the investigation of a complaint in essence.

(2) The Office shall provide equal opportunity for both Parties to present their arguments.

Article 8.
Conciliation

(1) When investigating a complaint of violation of human rights, the Office is entitled to resolve the conflict by conciliation.

(2) The Parties whose complaint is being reviewed by the Office may reach a conciliation. The conciliation is signed by the parties and approved by the Director of the Office. The Director of the Office does not approve a conciliation of the parties if it is not in accordance with the law, or if it violates the rights of someone or their legally protected interests.

(3) If a conciliation cannot be reached, the Office advises the Parties in writing of its opinion and proposals in the form of recommendations.

Article 9.
Proposals and suggestions for the Prevention
of Violations of Human Rights

The Office presents its suggestions and recommendations for the prevention of violations of human rights and forwards same to the relevant institution or official. The official to whom the proposal is forwarded shall reply to the Office in writing within one month.

Transitional Provision

At the time of this Law taking effect, Regulations No. 204 of the Cabinet of Ministers "On the Latvian Human Rights Office" passed under Article 81 of the Constitution becomes null and void. (Latvijas Republikas Saeimas un Ministru Kabineta Zinotajs 1995, No. 17)