Procedures for the Placing and Holding of Persons at the Places of Temporary Keeping and the Requirements for Equipping of such Places

Issued pursuant to
Section 13, Paragraph six
of the Law On Police

I. General Provisions

1. These Regulations prescribe the procedures for the placing and holding of persons at the premises of temporary keeping of the State Police, Security Police and local government police (hereinafter - police institution), in a vehicle intended for such purpose, as well as at the place of temporary keeping confined temporarily (hereinafter - premises (place) of temporary keeping), and requirements for equipping of such premises (places).

2. Persons shall be placed in the premises (place) of temporary keeping for a time period up to three hours.

3. The officers of the police institution shall provide constant surveillance, guarding and safety of the persons placed at the premises(place) of temporary keeping.

II. Equipping of the premises (Place) of Temporary Keeping

4. The premises (place) of temporary keeping at the police institution shall comply with following requirements:

4.1. locked premises whose area shall be at least 3 m² and the height of the ceiling - at least 2.5 m;

4.2. a lockable metal door with bars;

4.3. artificial lighting;

4.4. if the room has a window, it shall be equipped with metal bars or impact resistant glass;

4.5. a bench fixed to the floor; and

4.6. equipped with constant video surveillance with recording.

5. The vehicle intended for the temporary keeping of persons shall be equipped in compliance with the following requirements:

5.1. an enclosed space in the vehicle, the area of which shall be at least 1.5 m²;

5.2. a lockable metal door with bars;

5.3. artificial lighting; and

5.4. a bench fixed to the floor;

6. The premises (place) of temporary keeping shall comply with the following requirements:

6.1. with objects which are adapted for confining the territory or guarded territory, building, premises or part thereof confined by the officers of the police institution; and

6.2. natural or artificial lighting:

III. Procedures for the Placing and Holding of Persons at the Premises (Place) of Temporary Keeping

7. Prior to the placement of a person in the premises (place) of temporary keeping the officer of the police institution shall inform the person about the rights and duties of the person placed in the premises (place) of temporary keeping and about the video surveillance.

8. The following shall be placed separately at the premises (place) of temporary keeping:

8.1. women and men; and

8.2. minors and persons of legal age.

9. Prior to the placement of a person in the premises (place) of temporary keeping:

9.1. the officer of the police institution shall invite the person to hand over for temporary storing the items which may be used to attack the officers of the police institution or with which it would be possible to inflict bodily injuries to other persons or to himself or herself; and

9.2. the person shall be searched, in order to remove the items referred to in Sub-clause 9.1 of these Regulations which the person has not willingly handed over.

10. The officer of the police institution shall register the information regarding the person, as well as the items handed over for the temporary storing and the items confiscated during the search in the registration journal for the persons placed in the premises (place) of temporary keeping (hereinafter - registration journal).

11. The person shall certify in return for a signature at a registration journal that he or she has been acquainted with the rights and duties of the person held at the premises (place) of a temporary keeping, warned about video surveillance, as well as shall certify the correctness of the list of the removed items.

12. If the person refuses to put the signature in the registration journal in the cases referred to in Clauses 11, 15 and 17, the officer of the police institution shall make the relevant entry in the registration journal and sign thereof.

13. The officer of the police institution shall keep the items handed over for temporary storing or the items confiscated during the search in the place provided for this purpose.

14. If it is determined that the person has obvious bodily injuries or he or she complains of his or her state of health, the officer of the police institution shall provide first aid, if necessary, shall ensure the provision of emergency medical assistance and make an entry in the registration journal thereof.

15. The person shall be released from the premises (place) of temporary keeping if:

15.1. the necessity thereof has ceased;

15.2. the term referred to in Clause 2 of these Regulations has expired;

15.3. he or she is being transferred to the place of temporary detention of the State Police or to a medical care institution;

15.4. he or she is being handed over to an official of another competent institution; or

15.5. minor is being handed over to his or her parents or a person who replaces them, or to the representative of a child care institution.

16. When releasing the person from the premises (place) of temporary keeping, except in the cases referred to in Clauses 17 and 18 of these Regulations, the items handed over for temporary storing and the items confiscated during the search shall be returned to him or her and the person shall put the signature thereof in the registration journal.

17. If the person is being transferred to the place of temporary detention of the State Police or to a medical care institution, or being handed over to an official of another competent institution, the officer of the police institution shall give the items handed over for storing and the items confiscated during the search to the relevant official and the relevant official shall sign thereof at the registration journal.

18. If a minor is being handed over to his or her parents or a person who replaces them, or to the representative of a child care institution, the officer of the police institution shall give the items handed over for storing and the items confiscated during the search to the relevant official, and the relevant official shall put the signature thereof in the registration journal.

19. The officer of the police institution shall make an entry regarding the time of placement, releasing, handing over and transferring of the person at the registration journal.

20. The person at the premises (place) of temporary keeping has the right:

20.1. to receive first aid and, if necessary, emergency medical assistance;

20.2. to receive drinking water; and

20.3. to visit the toilet.

21. The person at the premises (place) of temporary keeping has the duty:

21.1. to inform the officer of the police institution regarding such health disorders or disease, which may threaten the health or life of himself or herself or other persons;

21.2. to hand over for storing the items which may be used to attack the officers of the police institution or with which it would be possible to inflict bodily injuries to other persons or to himself or herself;

21.3. to comply with being searched that is performed by the officer of the police institution;

21.4. to treat the premises (place) of temporary keeping and the equipment thereof with care; and

21.5. not to perform activities, which hinder the surveillance of the placed person by the officer of the police institution.

22. The person at the premises (place) of temporary keeping may not:

22.1. use means of communication, audio, photo, video and computer equipment;

22.2. make noise;

22.3. perform activities which may cause harm to other persons;

22.4. use alcohol, narcotic, psychotropic, toxic, or other intoxicating substances; and

22.5. smoke.

IV. Closing Provision

Sub-clauses 4.1, 4.2 and 4.6 of these Regulations shall come into force on 1 January 2014.

Prime Minister V. Dombrovskis

Minister for the Interior L. Mūrniece

Translation © 2011 Valsts valodas centrs (State Language Centre)