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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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The translation of this document is outdated.
Translation validity: 20.09.2008.–30.06.2009.
Amendments not included: 12.05.2009.

Disclaimer: The English language text below is provided by the State Language Centre for information only; it confers no rights and imposes no obligations separate from those conferred or imposed by the legislation formally adopted and published. Only the latter is authentic. The original Latvian text uses masculine pronouns in the singular. The State Language Centre uses the principle of gender neutral language in its English translations. In addition, gender specific Latvian nouns have been translated as gender neutral terms, e.g. chairperson.

Republic of Latvia

Cabinet
Regulation No. 742

Adopted 15 September 2008

Internal Procedures Regulations of the Accommodation Centre

Refinement - L.V., 28 October 2008, No. 167

Issued pursuant to
Section 59, Paragraph four,
Section 59.1, Paragraph two and
Section 59.2, Paragraph four
of the Immigration Law

I. General Provision

1. These Regulations prescribe:

1.1. the internal procedures of the Accommodation Centre of the State Border Guard (hereinafter - Accommodation Centre);

1.2. the procedures for the health examination and sanitary treatment of the detained third-country national (hereinafter - third-country national), as well as registration of the results thereof, in placing a third-country national in the Accommodation Centre; and

1.3. the list of the articles, which a third-country national is prohibited to hold at the Accommodation Centre (hereinafter - prohibited articles).

II. Accommodation of a Third-Country National in the Accommodation Centre

2. Upon receiving a third-country national, a head of shift shall make a relevant entry in the logbook of third-country nationals (Annex 1) and organise the inspection of the third-country national and his or her belongings, drawing up an inspection and seizure report (Annex 2). The inspection and seizure report shall be attached to the third-country national's file. Documents connected with the detention, identification, holding under guard and expulsion of a third-country national shall be included in a file (hereinafter - a third-country national's file). One copy of the inspection and seizure report shall be issued to the third-country national, but another one shall be attached to belongings handed over for storage.

3. The belongings, documents of a third-country national, as well as prohibited articles seized during an inspection shall be kept in premises specially equipped for this purpose (hereinafter - a warehouse).

4. A third-country national may hand over for storage securities, precious metals, precious stones and products thereof (hereinafter - valuables). An act of acceptance-transfer of valuables handed over shall be drawn up. The original of the act of acceptance-transfer of valuables shall be attached to the third-country national's file, one copy shall be issued to the third-country national, but the other one shall be stored in a fireproof safe in a sealed envelope or closed box together with the valuables.

5. A third-country national may hand over money for storage. A registration card of the third-country national's personal money shall be drawn up regarding the money handed over (Annex 3) One copy of the registration card of the third-country national's personal money shall be attached to the third-country national's file, another one shall be issued to the third-country national, but the original shall be stored in a fireproof safe in a sealed envelope or in a closed box together with the money.

6. Upon receipt of a written permit from the Head of the Accommodation Centre, a third-country national may hand the money, valuables, as well as articles to be stored in a warehouse over to his or her relatives or other persons.

III. Health Examination of a Third-Country National and Sanitary Treatment, as well as the Procedures for Registration of the Results of the Health Examination

7. A medical practitioner shall perform sanitary treatment and a health examination of a third-country national upon receiving him or her at the Accommodation Centre. The results of sanitary treatment and health examination shall be registered in the outpatient's card of the third-country national.

8. The outpatient's card of a third-country national shall be kept in separate lockable premises or lockers which are ensured against access by unauthorised persons.

9. Sanitary treatment of a third-country national shall include:

9.1. washing in a sauna or shower;

9.2. upon instruction of a medical practitioner:

9.2.1. disinfection of the third-country national's personal clothes; and

9.2.2. placing of the third-country national into quarantine in a room specially equipped for such purpose for a period of time of up to 14 days.

10. The health examination of a third-country national shall include:

10.1. questioning (health history, complaints);

10.2. anthropometry (weight, height);

10.3. objective data of a medical examination; and

10.4. an opinion regarding the state of health.

11. On the basis of the recommendation by a medical practitioner the period of time for placement of a third-country national into quarantine in premises specially equipped for such purpose referred to in Sub-paragraph 9.2.2. of these Regulations may be extended upon a decision of the Head of the Accommodation Centre for a period of time not longer than two months, if all the results of the health examination have not been received.

IV. Agenda of the Accommodation Centre

12. The agenda shall include:

12.1. not less than one hour for studying;

12.2. not less than three meals;

12.3. not less than three numerical checks of third-country nationals;

12.4. time for walking every day - not less than two hours;

12.5. rest time;

12.6. time for meetings;

12.7. play time for children - not less than two hours; and

12.8. uninterrupted eight hours sleep.

V. Third-Country National Meetings with Visitors

13. A visitor or a third-country national shall co-ordinate a meeting with the Head of the Accommodation Centre. The Head of the Accommodation Centre shall determine a time, when the meeting is possible, taking into account the agenda and technical capabilities.

14. A meeting shall take place in premises specially equipped for such a purpose for not longer than two hours for one third-country national. A third-country national may not meet more than two visitors at the same time.

15. The Head of the Accommodation Centre may determine a general temporary prohibition of meetings (for example, due to quarantine or mass riot). An official of the Accommodation Centre shall notify a visitor regarding a temporary prohibition.

16. A visitor shall be familiarised with the internal procedure regulations which apply to visitors before a meeting.

17. The following duties shall apply to a visitor:

17.1. to present a personal identification documents to an official of the Accommodation Centre for inspection (a passport, personal identification certificate), as well as personal belongings and articles brought in;

17.2. to be at the place indicated by the official of the Accommodation Centre; and

17.3. to fulfil the legal requirements made by the official of the Accommodation Centre.

18. While at the Accommodation Centre, a visitor is prohibited:

18.1. to move arbitrarily around the Accommodation Centre;

18.2. to pass any type of items to a third-country national without the permission of an official of the Accommodation Centre;

18.3. to smoke in a place not intended for such purpose;

18.4. to play board games or other games in order to get a material or other benefit;

18.5. to use uncensored words; or

18.6. to bring onto the premises of the Accommodation Centre personal identification documents owned by another person.

19. A visitor shall present a personal identification document at the control point of the Accommodation Centre to an official of the Accommodation Centre for checking. An official of the Accommodation Centre shall register the data of the relevant documents in the visitors logbook (Annex 4) and issue a pass to the visitor.

20. In order to ensure the safety measures of the Accommodation Centre and prevent the bringing in of prohibited articles onto the Accommodation Centre and transfer to a third-country national, an official of the Accommodation Centre shall check a visitor and his or her personal belongings, as well as goods at the control point of the Accommodation Centre.

VI. Procedures for the Receipt of Parcels and Consignments

21. Extracts from regulatory enactments in which the list of prohibited articles in parcels and procedures for reception of parcels are specified shall be displayed in a visible place at the premises of receipt of parcels.

22. An official of the Accommodation Centre shall check the content of a parcel in the presence of a supplier, but a consignment shall be opened in the presence of the third-country national to whom it has been addressed.

23. Upon determining prohibited articles in a parcel or consignment (except the articles referred to in Paragraph 24 of these Regulations):

23.1. a parcel shall not be accepted and returned to the supplier of the parcel; or

23.2. a consignment shall be sent back to the sender.

24. If there are any suspicious that a parcel or consignment may contain narcotic or psychotropic substances, explosive substances, firearms or munition, the parcel or consignment shall be handed over to the State Police. The supplier of the parcel shall be detained and handed over to the State Police.

25. If a third-country national is transferred to another Accommodation Centre, a consignment addressed to him or her shall not be opened but sent to the Accommodation Centre in which the referred to third-country national is located, at the expense of the State Border Guard.

26. If a third-country national has been released from the Accommodation Centre or is deceased, a consignment addressed to him or her shall be returned to the sender.

VII. Safety Measures

27. A third-country national is not allowed to:

27.1. arbitrarily leave the Accommodation Centre;

27.2. be arbitrarily located outside the specified time in a place not intended for such purpose;

27.3. manufacture, use or store prohibited articles;

27.4. alienate or transfer for use to other third-country nationals his or her personal belongings, products and substances, as well as to purchase or borrow them from other third-country nationals;

27.5. play board games or other games in order to get a material or other benefit;

27.6. use uncensored words;

27.7. tattoo himself or herself or other third-country nationals;

27.8. screen his or her bed, as well as mutually exchange beds with other third-country nationals;

27.9. intentionally do harm to his or her or another person's health;

27.10. keep animals;

27.11. damage the property of the Accommodation Centre, as well as the belongings of other third-country nationals;

27.12. smoke in a place not intended for such purpose;

27.13. use or store alcohol; and

27.14. use or store narcotic or psychotropic substances.

28. Inspection of a third-country national and his or her belongings shall be performed:

28.1. in receiving at the Accommodation Centre;

28.2. before being placed in the living premises and being brought out of it;

28.3. before and after meeting with visitors;

28.4. before bringing out from the Accommodation Centre and after return therein;

28.5. before release from the Accommodation Centre;

28.6. performing inspection of living premises and shared-use premises;

28.7. each time when any suspicions have arisen that a third-country national could be holding prohibited articles, substances or products which are prohibited to store and use at the Accommodation Centre, as well as any suspicions that a third-country national could be holding such articles, which he or she can use for the commission of a criminal offence or for attempt to escape.

29. A partial or full inspection of a third-country national and belongings thereof may be performed.

30. Only an official of the State Border Guard of the same sex may perform and take part in the inspection of a third-country national.

31. In performing a partial inspection of a third-country national and belongings thereof:

31.1. a third-country national shall be offered to hand over prohibited articles, substances or products which are prohibited to hold and use at the Accommodation Centre, as well as articles which can be used for the commission of a criminal offence or for attempt to escape;

31.2. a third-country national shall be commanded to raise his or her hands, turn with his or her face against the wall and to lean against it and to put his or her legs at the shoulder width;

31.3. An official of the State Border Guard shall frisk the clothes from behind from top to bottom;

31.4. headgear and footwear shall be inspected; and

31.5. the belongings of a third-country national shall be inspected.

32. If in performing a partial inspection of a third-country national and his or her belongings the behaviour of the third-country national causes any suspicions that he or she could be holding prohibited articles, substances or products, which are prohibited to hold and use at the Accommodation Centre, as well as if any suspicions have arisen that the third-country national could be holding such articles which a third-country national could use for the commission of a criminal offence or for an attempt to escape, a full inspection of the third-country national and his or her belongings shall be performed.

33. A full inspection of a third-country national and his or her belongings shall be performed in premises specially equipped for such purpose.

34. In performing a full inspection of a third-country national and belongings thereof:

34.1. the third-country national shall be offered to hand over prohibited articles, substances or products which are prohibited to hold and use at the Accommodation Centre, as well as articles which can be used for the commission of a criminal offence or for an attempt to escape, then he or she shall be asked to disrobe;

34.2. the third-country national's body, oral cavity, ears, hair, in between toes and fingers, prosthesis and medicinal bandages shall be inspected (if necessary, the inspection shall be performed in the presence of a health care professional);

34.3. the third-country national's headgear, clothes and footwear shall be inspected, a special attention being paid to seams, patches, collars, cuffs; and

34.4. the belongings of the third-country national shall be inspected.

35. An official of the State Border Guard has the right to examine at any time the living premises of a third-country national and shared-use premises of the Accommodation Centre and to examine the third-country national's belongings in the presence of the third-country national. In case of an emergency the referred to premises and third-country national's belongings may be inspected in the presence of two invited persons without the presence of the third-country national.

36. If prohibited articles, substances or products which are prohibited to hold and use at the Accommodation Centre, as well as articles which can be used for the commission of a criminal offence or for trying to escape, are detected during the inspection, an inspection and seizure report shall be drawn up (Annex 2). The original of the report shall be attached to the file of the third-country national, one copy shall be issued to the third-country national, but another one shall be attached to the belongings handed over for storage.

37. A third-country national, who has violated the internal regulations of the Accommodation Centre or who may cause threat to the safety of persons present at the Accommodation Centre, may be placed in specially equipped premises for a period of time of up to 10 days with a written decision of the Head of the Accommodation Centre. The number of the decision, time, place thereof, position, given name and surname of the person who has drawn up the decision, information regarding the third-country national, basis for taking of the decision. The decision shall be signed by the official, who has drawn it up, and by the third-country national. If the third-country national refuses to sign the decision, it shall be indicated in the decision.

38. During the absence of the Head of the Accommodation Centre, the decision referred to in Paragraph 37 of these Regulations shall be taken by the head of shift of the Accommodation Centre for a period of time of up to 24 hours.

39. Articles, which a third-country national is prohibited to hold at the Accommodation Centre, are specified in Annex 5 of these Regulations.

VIII. Action with the Property of a Third-Country National at the Accommodation Centre

40. When releasing a third-country national from the Accommodation Centre, valuables, belongings and money removed or handed over for storage shall be issued to a third-country national and an inspection and seizure report shall be drawn up thereon. A copy of the report shall be issued to the recipient of the valuables, belongings and money, but the original shall be attached to the file of the third-country national.

41. In case of a third-country national's death the valuables, belongings and money removed or handed over for storage shall be issued to his or her heirs and an inspection and seizure report shall be drawn up thereon.

42. If a third-country national does not have any heirs or they have not applied or attested the hereditary right thereof after the disclosure of an inheritance within the time period specified by the law, the Accommodation Centre shall transfer the money to the State budget, but the valuables and belongings shall be realised in accordance with the procedures specified in the regulatory enactments regarding accounting, assessment, realisation, handing over free of charge, destruction of property under the jurisdiction of the State and transferring of the income from sales to the State budget.

Prime Minister I. Godmanis

Acting for the Minister for the Interior,
Minister for Finance A. Slakteris

 

Annex 1
Cabinet Regulation No. 742
15 September 2008

Logbook of Detained Third-Country Nationals

No.

Date and time of placement

Given name, surname, year of birth, sex of the detained third-country national

Justification for placement of the detained third-country national

Official who accepted the detained foreigner (rank, given name, surname)

Justification for release of the detained third-country national, date and time of release

Official who releases detained foreigner (rank, given name, surname)

Notes

1

2

3

4

5

6

7

8

Acting for the Minister for the Interior,
Minister for Finance A. Slakteris

 

Annex 2
Cabinet Regulation No. 742
15 September 2008

Inspection and Seizure
Report

__________________ 20___ at ______  
 

(town, district)

 

In the premises of  
 

(name of the Accommodation Centre)

 

(Name of a division of the State Border Guard, position of the official, special service rank, surname)


in the presence of invited persons:
1.
 

(given name, surname, residential address, telephone)

 

(signature of the invited person)

 
2.
 

(given name, surname, residential address, telephone)

 

(signature of the invited person)

 

the inspection of

(given name, surname, year of birth of the detained third-country national)

and his or her belongings has been carried out during which

THE FOLLOWING HAS BEEN DETECTED:

(indicate the belongings inspected and the more characteristic or individual features thereof, valuables and

money (indicate the nominal value thereof), documents (indicate the number thereof), indicate bodily

injuries detected, most characteristic tattoos, scars and other individual corporal features)


The following complaints have been expressed regarding the state of health:

The following statements and notes have been expressed during the inspection:

Invited persons:

The person to be inspected:

Belongings handed over during the inspection:

Prohibited articles seized during the inspection:

I have received a copy of the report
 

(signature of the detained third-country national)


I have received belongings handed over for storage and the prohibited articles that were seized

(position of the official, service rank, given name, surname)


 

(signature)

 

Acting for the Minister for the Interior,
Minister for Finance A. Slakteris

 

Annex 3
Cabinet Regulation No. 742
15 September 2008

Registration Card of a Detained Third-Country National's Personal Money

   
 

(third-country national's given name, surname, date of birth)

 

Date

Basis for the record

Income

Expenses

Balance

Signature of the detained third-country national regarding approval of the balance

Signature of the official

1

2

3

4

5

6

7

             
             

Acting for the Minister for the Interior,
Minister for Finance A. Slakteris

 

Annex 4
Cabinet Regulation No. 742
15 September 2008

Visitors' Logbook

No.

Given name, surname, date of birth

Personal identification document No.

Type of personal identification document

Issued pass No.

Signature of the official

1

2

3

4

5

6

           
           

Acting for the Minister for the Interior,
Minister for Finance A. Slakteris

 

Annex 5
Cabinet Regulation No. 742
15 September 2008

List of Prohibited Articles

A third-country national is prohibited to hold at the Accommodation Centre:

1. A mobile phone.

2. A photographic camera of any type.

3. A video camera of any type.

4. A dictophone.

5. Household appliances.

6. Transmitter.

7. Medicinal products (except with the permission of a medical practitioner).

8. Firearms and munitions of any type.

9. Side arms and other articles which may serve as weapons.

10. Audio, video products and literature of a pornographic nature or content initiating violation.

11. Pyrotechnics, explosives and highly inflammable substances.

12. Narcotic or psychotropic substances.

Acting for the Minister for the Interior,
Minister for Finance A. Slakteris

 


Translation © 2010 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Izmitināšanas centra iekšējās kārtības noteikumi Status:
No longer in force
no longer in force
Issuer: Cabinet of Ministers Type: regulation Document number: 742Adoption: 15.09.2008.Entry into force: 20.09.2008.End of validity: 20.05.2017.Publication: Latvijas Vēstnesis, 146, 19.09.2008.
Language:
LVEN
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