Procedures for the Placement and Holding of a Person Detained by the Border Guards in Temporary Keeping Premises, and the Requirements for the Arrangement and Equipping of Such Premises

Issued pursuant to
Section 15.¹, Paragraph four of the
Border Guard Law

I. General Provisions

1. These Regulations prescribe the procedures for the placement and holding of persons detained by the border guards in temporary keeping premises, and the requirements for the arrangement and equipping of such premises.

2. The border guards shall ensure the permanent surveillance and guarding of the detained persons placed in temporary keeping premises.

II. Placement and Holding of Detained Persons in Temporary Keeping Premises

3. A detained person may be placed in temporary keeping premises on the basis of the decision of a border guard regarding the placement in the temporary keeping premises. The border guard shall make the relevant entry regarding the placement of a person in the registration journal of the persons placed in the temporary keeping premises (Annex 1).

4. Prior to the placement of a detained person in the temporary keeping premises, a border guard shall:

4.1. acquaint the detained person with the information referred to in Paragraphs 10, 11 and 12 of these Regulations, in a language which he or she understands, and inform regarding video surveillance; and

4.2. invite the detained person to hand over such items into temporary storage, which may be used for an attack on the border guards or using which harm may be caused to other natural persons or themselves, search the detained person and remove items which the detained person has not handed over voluntarily.

5. If the detained person who has been placed in the temporary keeping premises, expresses complaints regarding the state of health, the border guard shall provide first aid and, if necessary, call the emergency medical assistance team.

6. An inspection and confiscation protocol (Annex 2) shall be drawn up regarding the items handed over for temporary storage, the searching of the detained person, the items confiscated during the search and bodily injuries established during visual examination, as well as any complaints expressed regarding the state of health, and it shall be appended to other materials of the detention file. A copy of the inspection and confiscation protocol shall be issued to the detained person.

7. The items handed over for temporary storage or confiscated during the search shall be stored in a place especially provided for this purpose.

8. The following persons shall be placed in separate temporary keeping premises:

8.1. women and men;

8.2. minors and adults, except the case referred to in Paragraph 9 of these Regulations; and

8.3. persons with health disorders.

9. If a detained minor has been detained together with one of his or her parents or his or her lawful representative, he or she may be placed in temporary keeping premises together with the detained parent or the lawful representative.

10. The detained person placed in temporary keeping premises has a duty to:

10.1. obey the legal requests of the border guards;

10.2. treat the temporary keeping premises and the equipment thereof with care; and

10.3 maintain order in the temporary keeping premises and observe personal hygiene.

11. A detained person placed in temporary keeping premises has the right to receive:

11.1. daily subsistence, hygiene and basic necessities in the value of 1.80 lats, if the detained person is held in the temporary keeping premises for more than three hours;

11.2. first aid and, if necessary, emergency medical assistance; and

11.3. drinking water.

12. A detained person placed in temporary keeping premises is prohibited to:

12.1. use any type of means of communication, audio equipment, photo equipment, video equipment and computer hardware;

12.2. be noisy;

12.3. perform activities which hinder the surveillance of the temporary keeping premises;

12.4. perform activities which may cause harm to himself or herself or to other persons;

12.5. damage the temporary keeping premises or the equipment thereof;

12.6. use alcohol, narcotic, toxic or other intoxicating substances;

12.7. play board games or other games in order to acquire material or other benefits (gambling); and

12.8. smoke.

III. Bringing out and Release of a Detained Person

13. Detained persons shall be brought out from temporary keeping premises on the basis of the decision of a border guard regarding the bringing out of the person in order to:

13.1. perform necessary procedural actions; or

13.2. provide emergency medical assistance.

14. During the bringing out, the border guard shall ensure the guarding of the detained person.

15. A detained person shall be released from the temporary keeping premises on the basis of the decision of a border guard regarding the release of the detained person:

15.1. if the grounds for the placement of the detained person in the temporary keeping premises specified by law are no longer in effect;

15.2. in order to transfer the detained person to the short-term detention premises of the State Police, the accommodation centre for detained foreigners or to a medical treatment institution;

15.3. in order to hand over the detained person to an official of the State Police or an official of another institution, if the referred to institution is competent to examine the case of an administrative violation or to commence criminal proceedings;

15.4. in order to hand over a minor to his or her parents, lawful representatives or to a representative of a child care institution; or

15.5. in order to execute a decision regarding the refusal for a person to enter the country or a decision regarding the expulsion of a person from the country.

16. When releasing a detained person, the items handed over into temporary storage or confiscated during the search (regarding which an entry has been made in the inspection and confiscation protocol) shall be handed over to:

16.1. the detained person;

16.2. in the case referred to in Sub-paragraphs 15.2 and 15.3 of these Regulations - to an official of the respective institution; or

16.3. in the case referred to in Sub-paragraph 15.4 of these Regulations - to parents, lawful representatives or a representative of a child care institution.

17. The Orphan's court and the social service office of the local government shall be informed regarding the placement of a minor in a child care institution, not later than the following working day.

IV. Requirements for the Arrangement and Equipping of Temporary Keeping Premises

18. The basic requirement for the arrangement of temporary keeping premises is to ensure the safety of the detained person placed therein, as well as to prevent an arbitrary escape of the person from it.

19. The temporary keeping premises shall be arranged, observing the following requirements:

19.1. the area of the room is not less than 3 m², the ceiling height is not less than 2,5 m and the minimum distance between the walls - 1,5 m;

19.2. walls with a smooth finish, built from bricks or other resistant material, or from a wooden frame with an internal metal grid;

19.3. if the room has windows, they shall be equipped with metal bars;

19.4. a viewing window from shock-resistant materials which ensure the transparency of the room;

19.5. a metal door which may only be locked from the outside, or a metal door with bars, or a door covered on the inside with tin; and

19.6. security and fire alarm, as well as a video surveillance system is installed in the room.

20. The following equipment shall be present in the temporary keeping premises:

20.1. a bed-frame fastened to the floor, with a mattress, pillow, blanket and a towel;

20.2. sanitary facilities connected to a water pipe (may be a separate room), which cannot be seen with the video surveillance system and is separated from the rest of the room with a wall, the height of which does not exceed 1.2 metres and in which there is:

20.2.1. a toilet and a sink made of shock-resistant materials;

20.2.2. a liquid soap dispenser;

20.2.3. a paper-towel dispenser;

20.2.4. a toilet roll holder; and

20.2.5. a waste bin.

21. The following shall be ensured in the temporary keeping premises:

21.1. artificial daylight during the day and stand-by lighting at night;

21.2. air temperature which is not lower than 18 °C;

21.3. ventilation; and

21.4. means of communication for calling the border guard.

22. Lighting fixtures and heating radiators shall be placed behind metal bars and communications (for example, wires, cables, pipes, electricity wires) shall be installed in places not accessible to the person. Light switches shall be placed outside the temporary keeping premises.

23. Temporary keeping premises shall be ensured with a connection to autonomous sources of electricity, in order to ensure the operation of security, fire alarm and video surveillance systems in the case of an interruption of electricity supply.

Acting for the Prime Minister -
Minister for Finance E. Repše

Minister for the Interior L. Mūrniece

Annex 1
Cabinet Regulation No. 542
17 June 2009

Registration Journal of Persons Placed in the Temporary Keeping Premises

Minister for the Interior L. Mūrniece

Annex 2
Cabinet Regulation No. 542
17 June 2009

Inspection and Confiscation Protocol

_____________ 20___ at______ o'clock

Minister for the Interior L. Mūrniece

Translation © 2010 Valsts valodas centrs (State Language Centre)