Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
15 May 2008 [shall come
into force on 11 June 2008];
12 December 2008 [shall come into force on 1 January
2009];
12 June 2009 [shall come into force on 1 July
2009];
1 December 2009 [shall come into force on 1 January
2010];
25 November 2010 (Constitutional Court Judgment) [shall
come into force on 30 November 2010];
16 June 2011 [shall come into force on 7 July
2011];
25 September 2014 [shall come into force on 1 January
2015];
7 January 2021 [shall come into force on 8 February
2021];
6 March 2025 [shall come into force on 2 April 2025].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Ombudsman
Law
Chapter I
General Provisions
Section 1. Purpose of the Law
The purpose of this Law is to promote the protection of human
rights and to facilitate that the State authority is exercised
legally, efficiently and in conformity with the principles of
good administration.
Section 2. Application of the
Law
(1) This Law prescribes the legal status, functions and tasks
of the Ombudsman, and also the procedures by which the Ombudsman
shall perform the functions and tasks specified by the Law.
(2) This Law shall not release an institution from the
obligation to respect the rights of private individuals. An
institution within the meaning of this Law is a body, an
institution or an official of a public entity, and also a person
which implements the tasks of State administration.
(3) The provisions of this Law shall not limit the rights of
private individuals provided for by other legal acts.
Chapter
II
Ombudsman
Section 3. Ombudsman
(1) The Ombudsman shall be an official approved in accordance
with the procedures laid down in this Law who performs the
functions and tasks specified by the Law.
(2) The Ombudsman shall have his or her own seal with the
great State coat of arms.
(3) The Ombudsman shall have a State budget account with the
Treasury.
[25 September 2014]
Section 4. Independence and Immunity
of the Ombudsman
(1) The Ombudsman shall be independent in his or her
activities and shall be governed exclusively by the law. No one
has the right to influence the Ombudsman in the performance of
his or her functions and tasks.
(2) The office of the Ombudsman may not be combined with a
membership in a political party.
(3) [7 January 2021]
(4) Criminal procedural immunity of the Ombudsman is laid down
in the Criminal Procedure Law.
[15 May 2008; 7 January 2021]
Section 5. Approval of the Ombudsman
in Office
(1) The Ombudsman shall be approved in the office by the
Saeima pursuant to the proposal of not less than ten
members of the Saeima. The following documents signed by
the candidate nominated for the office of the Ombudsman shall be
appended to the submission for a candidate for the office of the
Ombudsman: consent to apply for the office of the Ombudsman and
proposals for the solution necessary in the field of human rights
and good administration. Prior to the sitting of the
Saeima during which the Ombudsman will be approved in
office, the candidates nominated for the office of the Ombudsman
shall be heard at the Human Rights and Public Affairs Committee
of the Saeima.
(2) [7 January 2021]
(3) The submission for a candidate for the office of the
Ombudsman shall be submitted to the Presidium of the
Saeima in writing not earlier than 50 days and not later
than 40 days prior to the expiry of the term of office of the
current Ombudsman.
(4) The Presidium of the Saeima shall convene a sitting
of the Saeima for the current approval of the Ombudsman in
the office not earlier than 20 days and not later than 10 days
prior to the expiry of the term of office of the current
Ombudsman.
[25 September 2014; 7 January 2021]
Section 6. Ombudsman's Oath (Solemn
Vow)
When assuming office, the Ombudsman shall give the following
oath (solemn vow) at the sitting of the Saeima:
"On assuming the duties of the Ombudsman, I, ____________, am
aware of the responsibility entrusted to me, and swear (solemnly
vow) to be honest and fair in the protection of the rights and
freedoms of persons in accordance with the Constitution of the
Republic of Latvia, laws and international agreements."
Section 7. Candidate for the Office
of the Ombudsman and the Term of Office of the Ombudsman
(1) Such person may be nominated as a candidate for the office
of the Ombudsman:
1) who is a citizen of Latvia and does not have a dual
citizenship;
2) who has attained 30 years of age;
3) who has acquired a higher education, at least a master's
degree, or an education equalised according to the laws and
regulations of Latvia;
4) who is proficient in the official language and in at least
one official language of the European Union;
5) who has knowledge and practical experience in the field of
human rights and protection of rights;
6) who, according to the requirements of the Law, is entitled
to receive the personnel security clearance for access to the
official secret.
(2) The term of office of the Ombudsman shall be five years
from the day when he or she gives the oath (solemn vow) in
accordance with Section 6 of this Law.
(3) The same person may be the Ombudsman for not more than two
consecutive terms.
[7 January 2021; 6 March 2025]
Section 8. Suspension of the
Ombudsman's Powers
If the Saeima has given the consent for the
commencement of criminal prosecution against the Ombudsman, his
or her powers shall be suspended until the time when a court
judgement of acquittal comes into effect in the relevant criminal
case or the criminal prosecution against the Ombudsman is
terminated.
Section 9. Termination of the
Ombudsman's Powers
(1) The Ombudsman's powers shall terminate:
1) in relation to the release of the Ombudsman from the
office;
2) in relation to the termination of the term of office of the
Ombudsman;
3) if the Ombudsman has been convicted of committing a
criminal offence and the judgement has come into legal
effect;
4) due to the death of the Ombudsman.
(2) If the person approved as the Ombudsman has, at the time
when he or she is approved for the position of the Ombudsman,
already been approved as a judge for an unlimited term of office
in accordance with the law On Judicial Power, he or she shall
have the right to return to the previous position of a judge in
the case referred to in Paragraph one, Clause 2 of this Section
and in the case referred to in Section 10, Paragraph one, Clause
1 of this Law.
(3) If the person approved as the Ombudsman has, at the time
when he or she is approved for the position of the Ombudsman,
already been appointed as a judge for a limited term of office in
accordance with the law On Judicial Power or has been approved as
a Constitutional Court judge in compliance with the
Constitutional Court Law, he or she shall, in the case referred
to in Paragraph one, Clause 2 of this Section and in the case
referred to in Section 10, Paragraph one, Clause 1 of this Law,
be offered a nomination for the position of a judge, but not for
the position of a Constitutional Court judge.
(4) If the person approved as the Ombudsman has, at the time
when he or she is approved for the position of the Ombudsman,
already been approved as a Constitutional Court judge and, in
accordance with the Constitutional Court Law, has the right to
return to the previous position of a judge, he or she shall have
the right to return to the relevant previous position of a judge
in the case referred to in Paragraph one, Clause 2 of this
Section and in the case referred to in Section 10, Paragraph one,
Clause 1 of this Law.
(5) If the person approved as the Ombudsman was, at the time
when he or she is approved for the position of the Ombudsman,
performing State civil service, military service or was an
official with a special service rank, he or she shall be ensured
the right to hold an equivalent position in the case referred to
in Paragraph one, Clause 2 of this Section and in the case
referred to in Section 10, Paragraph one, Clause 1 of this
Law.
(6) The rights referred to in Paragraphs two, three, four and
five of this Section shall not be ensured if a person, following
the termination of the Ombudsman's powers, does not conform to
the requirements of legal acts that are to be met in order to
hold the relevant position.
[15 May 2008]
Section 10. Release of the Ombudsman
from Office
(1) The Saeima shall release the Ombudsman from the
office if he or she:
1) resigns of his or her own free will, notifying the
Saeima in writing thereof;
2) is unable to perform the duties of the office due to his or
her state of health;
3) has allowed a shameful act that is incompatible with the
status of the Ombudsman;
4) without a justified reason does not perform his or her
duties;
5) has been elected or appointed to another office.
(2) In the case referred to in Paragraph one, Clause 2, 3, or
4 of this Law, the issue of the release of the Ombudsman from the
office may be proposed by not less than one third of the members
of the Saeima. In the case referred to in Paragraph one,
Clause 1 or 5 of this Law, the Ombudsman shall submit a relevant
notification to the Presidium of the Saeima.
(3) [7 January 2021]
(4) [7 January 2021]
[15 May 2008; 25 September 2014; 7 January 2021]
Section 11. Functions of the
Ombudsman
The Ombudsman shall have the following functions:
1) to promote the protection of the human rights of a private
individual;
2) to promote the compliance with the principles of equal
treatment and prevention of any kind of discrimination;
3) to evaluate and promote the compliance with the principles
of good administration in the State administration;
4) to discover deficiencies in the legislation and the
application thereof regarding the issues related to the respect
for human rights and the principle of good administration, and
also to promote the rectification of such deficiencies;
5) to promote the public awareness and understanding of human
rights, the mechanisms for the protection of such rights and the
work of the Ombudsman;
6) to implement the tasks of the national preventive mechanism
referred to in the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
[15 May 2008; 6 March 2025]
Section 12. Tasks of the
Ombudsman
In the performance of the functions specified by this Law, the
Ombudsman shall:
1) accept and examine submissions of private individuals;
2) initiate a verification procedure for the clarification of
circumstances;
3) request that institutions clarify, within the limits of
their competence and within the time limits provided for by the
law,the necessary circumstances of the procedure and inform the
Ombudsman thereof;
4) while examining a verification procedure, provide an
institution with recommendations for and opinions on the
lawfulness and effectiveness of their activities, and also
compliance with the principle of good administration;
5) in accordance with the procedures laid down in this Law,
resolve disputes between private individuals and institutions,
and also disputes in respect of human rights between private
individuals;
6) facilitate conciliation between the parties to the
dispute;
7) when resolving disputes in respect of human rights issues,
provide to private individuals opinions on and recommendations
for the prevention of human rights violations;
8) provide the Saeima, the Cabinet, local governments
or other institutions with recommendations for the issuance of or
amendments to the legislation;
9) provide persons with consultations on human rights
issues;
10) conduct research and analyse the situation in the field of
human rights, and also provide opinions on topical human rights
issues;
11) visit places where persons are or may be deprived of their
liberty within the meaning of Article 4 of the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (hereinafter - the places of
detention) in order to prevent torture and other cruel, inhuman
or degrading treatment or punishment.
[15 May 2008; 6 March 2025]
Section 13. Rights of the
Ombudsman
When performing the functions and tasks specified by this Law,
the Ombudsman has the right:
1) to request and receive, free of charge, from an institution
the documents (administrative acts, procedural decisions,
letters), explanations and other information necessary during the
examination of a submission of a private individual or in
verification procedures for the evaluation of a possible human
rights violation;
11) to request and receive information on the
implementation of the recommendations referred to in Section 12,
Clause 4 of this Law and that specified in the opinions;
2) to visit institutions in order to obtain the information
necessary for verification procedures;
3) to visit places of detention at any time without a special
permission, to move freely within their territory, to visit all
premises and to privately meet with persons held in places of
detention;
31) to receive all information related to the
treatment of persons staying in places of detention, including
special categories of personal data, and also information on the
conditions of detention, number and location of such persons;
32) to invite an expert to visit a place of
detention;
4) to hear the opinion of a child without the presence of his
or her parents, guardians, employees of educational or child care
and instructional institutions, if the child so wishes;
5) to request documents, explanations and other information
from any private individual regarding the issues of fundamental
importance in a verification procedure;
6) to initiate a verification procedure on his or her own
initiative;
7) to request and receive opinions of specialists in a
verification procedure;
8) to submit an application for the initiation of proceedings
in the Constitutional Court if an institution which issued the
disputable act has not rectified the established deficiencies
within the time limit stipulated by the Ombudsman;
9) upon termination of a verification procedure and
establishment of a violation, to defend the rights and interests
of a private individual before an administrative court if that is
necessary in the public interest;
10) upon termination of a verification procedure and
establishment of a violation, to apply to a court in such civil
cases where the nature of the action is related to a violation of
the prohibition of differential treatment;
11) on the basis of the materials at his or her disposal, to
consult with other competent institutions in order to decide on
the issue of the initiation of a procedure;
12) to participate in the Cabinet meetings in the capacity of
an advisor;
13) to provide recommendations on issues related to the
treatment of persons staying in places of detention and also on
necessary improvements to the conditions at these places and
other recommendations for the protection of the human rights of
private individuals, and also to receive information on the
results of the implementation of the relevant recommendations and
information related thereto;
14) to receive information from the court information system
about the progress of legal proceedings and court rulings for the
examination of the submissions of persons and verification
procedures, and also for conducting research, case studies and
providing opinions.
[15 May 2008; 6 March 2025]
Section 14. Advisory Councils and
Working Groups
(1) The Ombudsman may establish advisory councils and working
groups for the development of specific projects or the
preparation of issues.
(2) The composition and by-laws of advisory councils, and also
the composition of working groups shall be approved by the
Ombudsman.
Section 15. Reports of the
Ombudsman
(1) The Ombudsman shall, once a year, provide the
Saeima and the President with a written report on the
activities of the Office of the Ombudsman.
(2) The Ombudsman has the right to provide the Saeima,
its committees, the President, the Cabinet, the State
administration institutions, and international organisations with
reports on specific issues.
Section 16. Deputy Ombudsman
(1) The Ombudsman shall appoint the Deputy Ombudsman.
(2) During the absence of the Ombudsman, his or her functions
and tasks shall be performed by the Deputy Ombudsman who, during
this period, shall have the same powers as the Ombudsman.
(3) The Deputy Ombudsman shall perform the duties, functions
and tasks of the Ombudsman in the cases provided for in Sections
8 and 9 of this Law until the Saeima approves the
Ombudsman in the office, the criminal proceedings against the
Ombudsman are terminated, or a court judgement on the acquittal
of the Ombudsman comes into effect.
Section 17. Remuneration of the
Ombudsman
The remuneration of the Ombudsman shall be determined in
compliance with the Law on Remuneration of Officials and
Employees of State and Local Government Authorities.
[1 December 2009]
Chapter
III
Office of the Ombudsman
Section 18. Office of the
Ombudsman
(1) In order to ensure the activities of the Ombudsman, the
Office of the Ombudsman shall be established.
(2) The structure and internal operating rules of the Office
of the Ombudsman shall be governed by the by-laws of the Office
approved by the Ombudsman.
Section 19. Financing of the Office
of the Ombudsman
(1) The Office of the Ombudsman shall be financed from the
State budget.
(2) [16 June 2011]
[16 June 2011]
Section 20. Remuneration of the
Employees of the Office of the Ombudsman
(1) Employment relationships of the employees of the Office of
the Ombudsman shall be governed by the Labour Law.
(2) The remuneration of the employees of the Office of the
Ombudsman shall be determined in accordance with the Law on
Remuneration of Officials and Employees of State and Local
Government Authorities.
[1 December 2009]
Section 21. Rights of the Employees
of the Office of the Ombudsman and Experts
(1) While performing their work duties, the employees of the
Office of the Ombudsman shall, within the limits of their
competence, have the rights referred to in Section 13, Clauses 1,
2, 3, 3.1, 4, 5, and 7 of this Law.
(2) The expert invited to visit places of detention shall have
the rights referred to in Section 13, Clauses 3, 3.1
and 4 of this Law during the visit.
[6 March 2025]
Section 22. Restrictions on and
Duties of the Employees of the Office of the Ombudsman
Restrictions on and duties of the employees of the Office of
the Ombudsman's Office shall be determined by the law On
Prevention of Conflict of Interest in Activities of Public
Officials.
Chapter
IV
Procedures for the Examination of Submissions and Verification
Procedures
Section 23. Right to Apply to the
Office of the Ombudsman
(1) Any private individual has the right to apply to the
Office of the Ombudsman with a submission.
(2) Submissions shall be examined in accordance with the
procedures laid down in laws and regulations, unless laid down
otherwise in this Law.
(3) Sanctions may not be imposed on a submitter or adverse
consequences may not be, directly or indirectly, otherwise caused
for him or her due to the fact that a submission has been
submitted to the Office of the Ombudsman or for cooperation with
the Office of the Ombudsman.
(4) The submissions, complaints or proposals addressed to the
Office of the Ombudsman and sent by persons who are in the
military service, out-of-family care and correctional
institutions or closed-type institutions, and also the replies of
the Office of the Ombudsman thereto shall not be subject to the
examination laid down in laws and regulations and shall be
delivered to the addressee without delay.
(5) For a failure to submit in due time to the Office of the
Ombudsman the submissions, complaints or proposals referred to in
Paragraph four of this Section or for the examination and
disclosure of the content thereof, the responsible persons shall
be held liable in accordance with the procedures laid down in the
law.
(6) The Office of the Ombudsman shall not disclose information
on the submitter or other persons if this is necessary for the
protection of the rights of such persons, except when the
relevant information is requested by the person directing the
criminal proceedings.
[15 May 2008]
Section 24. Procedures for the
Initiation and Examination of a Verification Procedure
(1) After examination of a submission of a person or upon his
or her own initiative, the Ombudsman shall decide on the
initiation of a verification procedure.
(2) After examination of a submission of a person, the
Ombudsman shall initiate a verification procedure if that is in
conformity with the functions and tasks of the Ombudsman and
there is a possibility to address the issue specified by the
person.
(3) The initiation of a verification procedure shall not
suspend the operation of a law or regulation, court ruling,
administrative or other individual legal act, and also the
procedural time limits laid down in the law.
(4) A verification procedure shall be examined within three
months. If a procedure is complicated or the deadline may not be
complied with due to other objective reasons, the Ombudsman may
extend the time limit for a period not exceeding two years from
the day when the verification procedure was initiated, notifying
the submitter thereof and specifying the reasons for the
extension of the time limit.
(5) When examining a verification procedure, explanations of
the parties and other persons shall be heard, opinions of
specialists shall be requested, and also other activities
specified by the Law that are necessary for the examination of
the verification procedure shall be taken.
(6) When examining a verification procedure, the conciliation
between the parties at a dispute shall be promoted.
[15 May 2008]
Section 25. Completion or
Termination of a Verification Procedure
(1) A verification procedure shall be completed pursuant to
the conciliation of the persons involved in the procedure or an
opinion of the Ombudsman.
(2) If the parties are unable to agree on the conciliation,
the Ombudsman shall provide an opinion containing the evaluation
of the facts established in the verification procedure.
(3) The opinion of the Ombudsman may contain a recommendation
for the rectification of the established violation, and also,
where necessary, other recommendations.
(4) The opinion shall be of recommendatory nature.
(5) If it is impossible or unnecessary to continue a
verification procedure, the Ombudsman shall decide on the
termination thereof.
(6) Materials of a verification procedure shall be restricted
access information and shall be available in accordance with the
Freedom of Information Law.
Section 26. Rules of Verification
Procedures
The initiation, examination and completion of verification
procedures shall be determined by the rules approved by the
Ombudsman.
Section 27. Procedures for
Requesting Information and Liability for the Failure to Provide
Information and the Provision of False Information
(1) When requesting the information referred to in Section 13,
Clauses 1, 1.1, 5 and 13 of this Law, the Ombudsman
shall define the extent of such information and determine a
reasonable time limit for its provision.
(2) Upon request of an institution or a private individual,
the extent of the information referred to in Paragraph one of
this Section may be amended or corrected and the time limit for
the provision of the information may be extended if
necessary.
(3) The extent of information and the time limit for its
provision determined by the Ombudsman may not be contested and
appealed.
(4) Persons shall be held liable in accordance with the law
for the failure to provide the information referred to in
Paragraph one of this Section to the specified extent and within
the specified time limit, and also for the provision of false
information.
(5) When examining an issue of the imposition of an
administrative penalty for the failure to provide the information
referred to in Paragraph one of this Section to the specified
extent or within the specified time limit, the justification of
the extent of the requested information and time limit for its
provision shall be evaluated.
[15 May 2008; 6 March 2025]
Transitional
Provisions
1. With the coming into force of this Law, the Law on the
Latvian National Human Rights Office (Saeimas un Ministru
Kabineta Ziņotājs, 1997, No. 1; 2005, No. 18; 2006, No. 2) is
repealed.
2. The Office of the Ombudsman shall be the successor in
rights and obligations of the Latvian National Human Rights
Office.
3. The director of the Latvian National Human Rights Office
shall perform the functions of the Ombudsman until the approval
of the Ombudsman in the office.
4. Examination of the submissions, complaints and proposals
which have been submitted to the Latvian National Human Rights
Office before the day of coming into force of this Law and
pursuant to which investigations have been commenced shall be
completed in accordance with the laws and regulations in force on
the day of the submission thereof.
[15 May 2008]
5. [12 June 2009]
6. The term of office of the Ombudsman which has been approved
prior to the day when amendments to Section 7, Paragraph one of
this Law come into force shall be four years from the day when
the Ombudsman has given the oath (solemn vow) in accordance with
Section 6 of this Law.
[15 May 2008]
7. In 2009, the remuneration (wage, remuneration, benefits,
etc.) determined in accordance with this Law shall be determined
in accordance with the law On Remuneration of Officials and
Employees of State and Local Government Authorities in 2009.
[12 December 2008]
8. [7 January 2021]
9. Section 7, Paragraph three of this Law shall come into
force on 1 January 2022.
[7 January 2021]
Informative
Reference to European Union Directives
[6 March 2025]
The Regulation contains legal norms arising from:
1) Council Directive 76/207/EEC of 9 February 1976 on the
implementation of the principle of equal treatment for men and
women as regards access to employment, vocational training and
promotion, and working conditions;
2) Council Directive 2000/43/EC of 29 June 2000 implementing
the principle of equal treatment between persons irrespective of
racial or ethnic origin;
3) Council Directive 2000/78/EC of 27 November 2000
establishing a general framework for equal treatment in
employment and occupation;
4) Directive 2002/73/EC of the European Parliament and of the
Council of 23 September 2002 amending Council Directive
76/207/EEC on the implementation of the principle of equal
treatment for men and women as regards access to employment,
vocational training and promotion, and working conditions;
5) Council Directive 2004/113/EC of 13 December 2004
implementing the principle of equal treatment between men and
women in the access to and supply of goods and services;
6) Council Directive (EU) 2024/1499 of 7 May 2024 on standards
for equality bodies in the field of equal treatment between
persons irrespective of their racial or ethnic origin, equal
treatment in matters of employment and occupation between persons
irrespective of their religion or belief, disability, age or
sexual orientation, equal treatment between women and men in
matters of social security and in the access to and supply of
goods and services, and amending Directives 2000/43/EC and
2004/113/EC;
7) Directive (EU) 2024/1500 of the European Parliament and of
the Council of 14 May 2024 on standards for equality bodies in
the field of equal treatment and equal opportunities between
women and men in matters of employment and occupation, and
amending Directives 2006/54/EC and 2010/41/EU.
The Law shall come into force on 1 January 2007.
The Law has been adopted by the Saeima on 6 April
2006.
Acting for the President, Chairperson of
the Saeima I. Ūdre
Rīga, 25 April 2006
1 The Parliament of the Republic of
Latvia
Translation © 2025 Valsts valodas centrs (State
Language Centre)
