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Republic of Latvia

Cabinet
Regulation No. 254
Adopted 16 May 2017

Internal Rules of Procedure of Accommodation Premises for Detained Foreigners and Asylum Seekers

Issued pursuant to
Section 21, Paragraph two of the Asylum Law and Section 59,
Paragraph four, Section 59.1, Paragraph two and Section 59.2,
Paragraph four of the Immigration Law

I. General Provisions

1. This Regulation prescribes:

1.1. the internal rules of procedure of the accommodation premises for asylum seekers and accommodation centre for foreigners (hereinafter - the accommodation premises) detained by the State Border Guard;

1.2. the procedures for the health examination and sanitary treatment of the detained foreigner, as well as the procedures for fixing the results thereof;

1.3. the rights, obligations and restrictions (hereinafter - the rights and obligations) of the detained asylum seeker and foreigner (hereinafter together - the detained person) in the accommodation premises;

1.4. the list of objects and substances which are prohibited to be stored by the detained person in the accommodation premises (hereinafter - the prohibited objects and substances).

2. Within the meaning of this Regulation, the head of the accommodation premises is the Head of that unit of territorial administration of the Border Guard where the accommodation premises are established (hereinafter - the head of the accommodation premises).

II. Procedures for the Placement of the Detained Person in the Accommodation Premises, Health Examination and Sanitary Treatment of the Detained Foreigner, as well as the Procedures for Documenting the Results Thereof

3. When placing the detained person in the accommodation premises, the head of the accommodation premises shall organise the performance of the following actions:

3.1. registration of the detained person in the registration journal (Annex 1);

3.2. inspection of the detained person and his or her belongings by drawing up an inspection and seizure protocol (Annex 2).

4. The original of the inspection and seizure protocol shall be appended to the file of the detained person where the documents related to his or her detention, identification, keeping in guarding and procedural actions (hereinafter - the file of the detained person) are included. One copy of the protocol shall be issued to the detained person, but other copy shall be appended to the belongings handed over for storage.

5. The belongings, documents, as well as the prohibited objects and substances of the detained person seized during an inspection shall be stored in premises (warehouse) especially intended for such purpose.

6. The detained person may hand over for storage securities, precious metals, precious stones and products thereof (hereinafter - the valuables). A statement on acceptance and handing over shall be drawn up for the handed over valuables (Annex 3). A copy of the statement on acceptance and handing over of valuables shall be issued to the detained person, but the original shall be placed in an closed envelope or closed box together with valuables and stored in a fireproof safe.

7. The detained person shall hand over for storage the amount of money which exceeds half of the minimum monthly salary laid down in the State. Personal money accounting card of the detained person shall be drawn up for the handed over money (Annex 4). A copy of the personal money accounting card of the detained person shall be issued to the detained person, but the original shall be placed in an closed envelope or closed box together with the money and stored in a fireproof safe.

8. If a written permit of the head of the accommodation premises has been received, the detained person may transfer the handed over money or valuables to another person.

9. When placing the detained foreigner in the accommodation premises, the health condition of the detained foreigner shall be examined, the sanitary treatment shall be carried out, and also results thereof shall be documented in accordance with the laws and regulations regarding the health examination and sanitary treatment of the detained asylum seeker, and also the procedures for documenting the results thereof.

10. When placing the detained person in the accommodation premises, the employee of the accommodation premises shall issue the following to him or her for individual use:

10.1. a clean bedding set (sheet, blanket cover, blanket, pillowcase and pillow, hand towel and bath towel);

10.2. hygienic and basic necessities in accordance with laws and regulations regarding the subsistence norms, and also the amount of hygienic and basic necessities for an asylum seeker accommodated in the State Border Guard accommodation premises for asylum seekers and a foreigner placed in the accommodation centre of the State Border Guard.

11. The detained person shall be ensured with the possibility to wash personal clothes and underwear without restrictions at the time specified in the daily schedule by using the equipment available in the accommodation premises, but the change of the bed linen shall be ensured not less than once in seven days.

III. Rights and Obligations of the Detained Person at the Accommodation Premises

12. When placing the detained person in the accommodation premises, the head of the accommodation premises shall organise introduction of the detained person against the signature (in a language he or she understands or in a language that is reasonably considered understandable to him or her by using interpreting services, where necessary) with:

12.1. the rights, obligations of the detained person and safety measures at the accommodation premises;

12.2. the internal rules of procedure of the accommodation premises;

12.3. the fire safety and electrical safety regulations of the accommodation premises;

12.4. the daily schedule of the accommodation premises.

13. The detained person shall be warned against the signature that the physical force, special means, as well as service dogs may be used against him or her in the cases and in accordance with the procedures laid down in the Border Guard Law.

14. The rights and obligations of the detained foreigner at the accommodation centre shall be determined by the Immigration Law.

15. The detained asylum seeker has the right:

15.1. to inform family members, relatives or other persons about his or her whereabouts;

15.2. to meet his or her family members or relatives, and also officials of the State administration institutions, representatives of associations and foundations, international organisations;

15.3. to submit complaints and submissions;

15.4. to receive subsistence, and also hygienic and basic necessity products in accordance with the norms laid down in laws and regulations;

15.5. to receive health care services at his or her own expense which are not included in the health care services guaranteed by laws and regulations, and medicinal products which are prescribed by the medical practitioner;

15.6. to hold at his or her disposal the amount of money which does not exceed a half of the minimum monthly salary laid down in the State;

15.7. to use collective facilities;

15.8. to use equipment intended for the detained asylum seeker;

15.9. to receive consignments and parcels;

15.10. to store food products in the place specially provided for them;

15.11. to store belongings at his or her disposal that are not included in the list of prohibited objects and substances.

16. The detained asylum seeker is obliged:

16.1. to comply with the internal rules of procedure, daily procedures and fire safety regulations of the accommodation premises;

16.2. to fulfil the legal requirements of officials of the Border Guard;

16.3. to treat with care the property of the accommodation premises;

16.4. to maintain order in the accommodation premises and collective facilities, as well as to maintain personal hygiene.

17. The detained person is obliged to immediately inform an official of the accommodation premises about all cases which may cause damage to the accommodation premises, or activities which are aimed against officials, employees of the accommodation premises or other persons.

18. If a detained person refuses to exercise any rights (for example, a walk in a fresh air), an official of the accommodation premises may request to confirm it with a written submission.

19. If the detained person cannot inform his or her family members, relatives or other persons about his or her whereabouts (for example, the detained person does not have any personal communication means), the head of the accommodation premises with a written permission, by assessing the possibility and individual circumstances of the case, may ensure a possibility for the detained person to use the communication means of the Border Guard once (not longer than five minutes).

IV. Daily Schedule of the Accommodation Premises

20. The daily schedule of the accommodation premises shall be determined by the head of the territorial administration of the Border Guard.

21. The daily schedule shall include:

21.1.daily walk time in fresh air - at least two hours;

21.2. at least three meals;

21.3. rest time;

21.4. time for visitors;

21.5. non-interrupted eight-hour sleep from 23.00 till 7.00;

21.6. at least three numerical inspections of the detained persons;

21.7. time for the performance of religious rites (from 7.00 till 23.00);

21.8. time for learning (for the detained persons for whom it must be ensured in accordance with laws and regulations) if the detained person wishes to use it.

V. Meetings with Visitors

22. Visitors can be present at the accommodation premises during the time determined in the daily schedule each day from 10.00 till 19.00.

23. The meeting time shall be coordinated with the head of the accommodation premises. In determining the time of the meeting, the head of the accommodation premises shall take into account the daily schedule and technical possibilities of a meeting.

24. The meeting shall take place at the room specially equipped for this purpose, and the duration of the meeting shall not exceed two hours for one detained person.

25. The procedures referred to in Paragraph 22 and 24 of this Regulation shall not be applied in respect of officials of the State administration institutions, representatives of associations and foundations, international organisations if they plan to visit the accommodation premises.

26. The detained person may meet not more than two visitors at the same time. The abovementioned condition shall not be applied if the visitor is the detained person's spouse with several children.

27. Before a meeting a visitor shall be acquainted against the signature with the internal rules of procedure of the accommodation premises which apply to visitors.

28. A visitor is obliged to:

28.1. present for inspection and to hand over for storage during the visit to the official of the accommodation premises:

28.1.1. a personal identification document;

28.1.2. prohibited objects and substances in the accommodation premises (except for the objects or substances referred to in Paragraph 38 of this Regulation), and also personal identification documents owned by other person;

28.2. to present personal belongings and brought objects for examination;

28.3. to be present in the accommodation premises at the place indicated by the official of the accommodation premises;

28.4. to fulfil the legal requirements of officials of the accommodation premises.

29. While in the accommodation premises, a visitor is prohibited from:

29.1. moving arbitrarily around the territory of the accommodation premises;

29.2. handing over any objects or substances without a permission of the official of the accommodation premises;

29.3. smoking in a place not intended for such purpose;

29.4. playing board games or other games in order to acquire material or other benefits;

29.5. using vulgar words;

29.6. bringing prohibited objects and substances in the accommodation premises, and also personal identification documents owned by other person.

30. The official of the accommodation premises shall register data on personal identification documents of the visitor handed over for storage in the journal for registration of personal identification documents (Annex 5) and shall issue a pass to the visitor.

31. In order to ensure safety measures of the accommodation premises, the official of the accommodation premises shall inspect a visitor, his or her personal belongings and brought objects.

32. If the visitor fails to comply with the requirements referred to in Paragraphs 28 and 29 of this Regulation, the meeting with the detained person is refused for the visitor by a verbal order of the head of the accommodation premises.

33. In the cases referred to in Paragraphs 53 and 54 of this Regulation the head of the accommodation premises shall inform the visitor about a temporary meeting prohibition of general nature or a meeting prohibition of individual nature for a particular detained person.

VI. Procedures for the Receipt of Parcels and Consignments

34. Extracts from the relevant laws and regulations in which the list of prohibited objects and substances in parcels, and also the procedures for the acceptance of parcels are determined shall be placed in a place visible for a visitor and the detained person in at least two foreign languages.

35. The list of those objects and substances which the detained person is prohibited to store in the accommodation premises is determined in Annex 6 to this Regulation.

36. An official of the accommodation premises shall:

36.1. check a personal identification document of the supplier of a parcel or consignment;

36.2. check the content of the parcel at the presence of the supplier;

36.3. open the consignment and check it in the presence of the detained person to whom it is addressed.

37. Upon finding a prohibited objects or substances in a parcel or consignment (except for the objects or substances referred to in Paragraph 38 of this Regulation):

37.1. the parcel shall not be accepted and returned to the supplier of the parcel, if it is found that the prohibited objects or substances are placed in a hidden manner;

37.2. the prohibited objects or substances shall be taken out of the consignment by drawing up an inspection and seizure protocol. The prohibited objects or substances seized from the consignment shall be kept in a room specially intended for such purpose (warehouse). An original of the inspection and seizure protocol shall be appended to the file of the detained person. One copy shall be issued to the detained person, but other copy shall be appended to the belongings handed over for storage.

38. If there are any suspicions that a parcel or consignment may contain narcotic or psychotropic substances, explosive substances, weapons or ammunition, 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.

39. If the detained person is moved to other accommodation premises, the consignment addressed to him or her shall not be opened, but at the Border Guard expense shall be immediately, however not later than on the next working day after delivery of the consignment, sent to the accommodation premises where the detained person is located.

40. If it is not possible to hand over the consignment addressed to him or her (for example, the detained has left the territory of the country, released from the accommodation premises, deceased), the consignment shall be immediately, however not later than on the next working day after delivery of the consignment, sent back to the consignor at the Border Guard expense with indication "The consignment cannot be handed over".

VII. Safety Measures

41. In order to ensure safety measures of the accommodation premises, the following restrictions are imposed on the detained person:

41.1. arbitrarily leaving of the accommodation premises;

41.2. arbitrarily being in places where free access outside the specified time is not provided for the detained person;

41.3. purchase, manufacture, use or storage of prohibited objects and substances;

41.4. alienating or giving for use to other persons personal belongings, products and substances, and also purchasing or borrowing them from other persons without a written permission of the head of the accommodation premises;

41.5. playing board games or other games in order to acquire material or other benefits;

41.6. use of vulgar words;

41.7. tattooing himself or herself or other detained persons;

41.8. mutual exchange of bed places with other detained persons without a written permission of the head of the accommodation premises;

41.9. intentionally harm to his or her health or the health of other persons;

41.10. keeping animals;

41.11. damaging the accommodation premises and objects therein, as well as the belongings of other detained persons;

41.12. smoking in a place not intended for such purpose;

41.13. use, storage or manufacture (production) of alcoholic beverages;

41.14. use or storage of narcotic, psychotropic, toxic or other intoxicating substances;

41.15. keeping in his or her possession and using electrical devices not intended in the equipment of the accommodation premises;

41.16. keeping in his or her possession any communication and information exchange, recording and storage devices (for example, a mobile phone, computer, camera);

41.17. organising mass disorders and participating in them.

42. The inspection of the detained person and his or her belongings (including by the use of technical means or service dogs) shall be carried out:

42.1. upon placing the detained person at the accommodation premises;

42.2. before and after meeting with a visitor;

42.3. before bringing out from the accommodation premises and after return therein;

42.4. before release from the accommodation premises;

42.5. upon performing inspection of the living premises and collective facilities;

42.6. each time when there are suspicions that the detained person keeps in his or her possession objects or substances which are prohibited to be stored and used in the accommodation premises, and also suspicions that the objects or substances in the possession of the detained person which the detained person could use for committing a criminal offence or attempting an escape.

43. The inspection of the detained person shall be carried out by the official of the Border Guard of the same gender (except in the case when the examination is carried out by a medical practitioner). The inspection of the belongings of the detained person may be carried out by any official of the Border Guard. When carrying out inspection of the detained person or his or her belongings, the official of the Border Guard shall use personal protective equipment in all cases - gloves, and also, where necessary, other personal protective equipment depending on the situation.

44. A partial inspection of the detained person and his or her belongings may be carried out without undressing of the detained person, or a full inspection may be carried out with complete or partial undressing of the detained person.

45. When carrying out the partial inspection of the detained person and his or her belongings:

45.1. the detained shall be offered to voluntarily hand over the prohibited objects and substances;

45.2. the detained person shall be requested to raise his or her hands, turn with his or her face against the wall by leaning against it with hands and to put his or her legs at the shoulder width;

45.3. the clothes of the detained person shall be searched downwards from the back side;

45.4. the headgear and footwear shall be inspected;

45.5. the belongings of the detained person shall be inspected.

46. If, when carrying out the partial inspection of the detained person and his or her belongings, the behaviour of the detained person causes suspicions that there are prohibited objects or prohibited substances in his or her possession, and also suspicions that such objects or substances could be in the possession of the detained person which could be used for committing a criminal offence or attempting an escape, a full inspection of the detained person and his or her belongings shall be carried out.

47. Full inspection of the detained person and his or her belongings shall be carried out in a room specially intended for such purpose by ensuring the right of the detained person to privacy.

48. When carrying out the full inspection of the detained person and his or her belongings:

48.1. the detained person has an obligation to hand over the prohibited objects or substances before complete undressing;

48.2. the body (including, oral cavity, ears, hair, in between toes and fingers), prosthesis and medicinal bandages of the detained person shall be inspected (if necessary, the inspection shall be carried out in the presence of a medical practitioner);

48.3. in-depth inspection of the belongings and clothes of the detained person shall be carried out.

49. In order to ensure complying with the internal rules of procedure and safety measures, the official of the Border Guard has the right to inspect the living premises of the detained person and collective facilities, and also belongings and objects present therein at any time. Personal belongings of the detained person may be inspected at any time and without presence of the detained person at the presence of two officials of the accommodation premises.

50. If prohibited objects or substances, storage and use of which in the accommodation premises is prohibited, as well as such objects and substances, which could be used for committing a criminal offence or attempting an escape, are found during an inspection, an inspection and seizure protocol shall be drawn up. The prohibited objects or substances seized during an inspection shall be stored in premises (warehouse) especially intended for such purpose. An original of the inspection and seizure protocol shall be appended to the file of the detained person. One copy shall be issued to the detained person, but the other copy shall be appended to the belongings handed over for storage.

51. An official authorised by the head of the Border Guard shall draw up a decision to place the detained person in a specially equipped room (in the cases laid down in the Asylum Law or Immigration Law) in writing (Annex 7).

52. The detained person which in the cases laid down in the Asylum Law or Immigration Law is placed in a specially equipped room shall be allowed to take personal hygiene accessories with him or her.

53. The head of the accommodation premises may determine general prohibition to use meeting or collective facilities (including inventory thereof) (for example due to quarantine or mass disorders).

54. The head of the accommodation premises may determine individual prohibition to use meeting or collective facilities (including inventory thereof) if the detained person is placed:

54.1. in a separate room until the time when sanitary inspection and health examination of the detained person is carried out;

54.2. in a medical isolation ward upon instruction by a medical practitioner and until the time when the detained person is placed in a living room with a permission of the medical practitioner;

54.3. in a specially equipped room in the cases laid down in the Asylum Law or Immigration Law.

VIII. Action in Emergency Situation

55. In the emergency situation the head of the accommodation premises shall organise and ensure action of officials and medical practitioner of the accommodation premises in accordance with the accordingly developed plan for the prevention of emergency situation.

56. After the use of physical force and special means against the detained person, the head of the accommodation premises shall immediately organise sending of the detained person to a medical practitioner for the performance of the medical examination.

57. If hunger strike is declared, the head of the accommodation premises shall immediately organise:

57.1. sending of the detained person to a medical practitioner for the performance of medical examination;

57.2. continuous supervision of the detained person (including medical supervision);

57.3. upon deterioration of the health condition of the detained person, the measures which are necessary to not allow further deterioration of the health condition or death of the detained person.

58. When the emergency situation in which the detained person was involved has been prevented, the head of the accommodation premises shall immediately organise sending of the detained persons to a medical practitioner for the performance of the medical examination.

IX. Action with the Belongings of the Detained Person at the Accommodation Premises

59. If the detained person is released, he or she shall clean the living room and free it up from his or her personal belongings when leaving the accommodation premises.

60. When the detained person is released from the accommodation premises, the valuables, belongings and money seized or handed over for storage shall be issued to the detained person. The abovementioned activities shall be recorded in the relevant columns of the documents referred to in Annexes 2, 3 or 4 to this Regulation. A copy of the relevant documents shall be issued to recipient of valuables, belongings and money, but the original shall be appended to the file of the detained person.

61. If the detained person has died, his or her valuables, belongings and money seized or handed over for storage shall be issued to his or her heirs in accordance with the procedures referred to in Paragraph 60 of this Regulation.

62. If the detained person has no heirs, his or her valuables, belongings and money seized or handed over for storage shall be handled in accordance with the procedures laid down in The Civil Law and other laws and regulations regarding action with a property without heirs.

X. Closing Provision

63. Cabinet Regulation No. 742 of 15 September 2008, Internal Rules of Procedure of an Accommodation Centre (Latvijas Vēstnesis, 2008, No. 146, 2009, No. 75), is repealed.

Prime Minister Māris Kučinskis

Minister for the Interior Rihards Kozlovskis

 

Annex 1
Cabinet Regulation No. 254
16 May 2017

Registration Journal

No.

Date and time of the placement of the detained person

The given name (names), surname, date of birth, gender of the detained person

Justification for the placement of the detained person

The official who accepted the detained person (special service rank, the given name, surname)

Justification for release of the detained person, date and time of release

The official who releases the detained person (special service rank, the given name, surname)

Notes

               
               

Minister for the Interior Rihards Kozlovskis

 

Annex 2
Cabinet Regulation No. 254
16 May 2017

Inspection and Seizure Protocol

20__ ___ _______ ______ o'clock  
   

(place)

(name of the unit of the State Border Guard, the position, special service rank, given name, surname, signature of the official)

(name of the accommodation premises)

in the accommodation premises an inspection of the detained
 

(the given name (names), surname, date of birth of the detained person)

and his or her belongings was performed. During the inspection:

THE FOLLOWING HAS BEEN FOUND:

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

money by indicating the face value and currency thereof, documents, numbers thereof,

bodily injuries detected on the detained person, the most characteristic tattoos, scars

and other individual physical features)

Notifications and notes (including on his or her health condition) expressed during the inspection of the detained person
Belongings handed over for storage during the inspection
Prohibited objects or substances seized during the inspection
I have received a copy of the statement
 

(given name (names), surname, signature of the detained person)

I accepted the belongings handed over for storage and the prohibited objects and substances that were seized  

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

I received the belongings handed over for storage and the prohibited objects and substances that were seized

(given name (names), surname, signature of the detained person) _______________ 20___

Minister for the Interior Rihards Kozlovskis

 

Annex 3
Cabinet Regulation No. 254
16 May 2017

Statement on the Acceptance and Handing Over of Valuables

_______________ 20___

  on
   

(the given name (names), surname, date of birth of the detained person (the owner of valuables))

the acceptance of valuables

No.

Name of valuables

Listing

Notes

       
       
       

In total

   

(number of valuables in words)

Acceptance of valuables for storage
 

(name of the unit of the State Border Guard,

position, special service rank, given name, surname and signature of the official)

I agree to that written in the statement
 

(given name (names), surname and signature of the owner of valuables)

_______________ 20___

Valuables have been handed over by
 

(name of the unit of the State Border Guard,

position, special service rank, given name, surname and signature of the official)

_______________ 20___

The valuables handed over for storage have been accepted by
 

(given name (names), surname and signature of the owner of valuables)

_______________ 20___

Minister for the Interior Rihards Kozlovskis

 

Annex 4
Cabinet Regulation No. 254
16 May 2017

Personal Money Accounting Card of the Detained Person

   
 

(the given name (names), surname, date of birth of the detained person)

 
     

Date

Justification for the record

Income

Expenditure

Balance

Signature of the detained person for the approval of the balance

Signature of the official

             
             

Minister for the Interior Rihards Kozlovskis

 

Annex 5
Cabinet Regulation No. 254
16 May 2017

Journal for the Registration of Personal Identification Documents

No.

Given name (names),surname, date of birth

Personal identification document number

Type of the personal identification document

Number of the issued pass

Signature of the official

           
           

Minister for the Interior Rihards Kozlovskis

 

Annex 6
Cabinet Regulation No. 254
16 May 2017

List of Prohibited Objects and Substances

A detained person is prohibited to store the following objects and substances at the accommodation premises:

1) any communication and information exchange, recording and storage devices (for example, a mobile phone, computer, camera);

2) medicinal products (except when there is a permission of a medical practitioner);

3) ammunition of any type;

4) weapons, cold arms and other objects, which may serve as weapons;

5) audio recordings, video recordings and literature (including religious) of pornographic content or promoting violence;

6) pyrotechnics, explosives and highly flammable substances;

7) narcotic, psychotropic, toxic or other intoxicating substances;

8) yeast and other yeasty food products;

9) substances containing alcohol;

10) objects and substances which may be used for committing a criminal offence or attempting an escape.

Minister for the Interior Rihards Kozlovskis

 

Annex 7
Cabinet Regulation No. 254
16 May 2017

Decision No. ________
on the Placement of the Detained Person in a Specially Equipped Room

Place, address of drawing up the decision   Date, time  
Name of the unit of the State Border Guard  
The official who took the decision - the position, special service rank, the given name, surname  

Information on the Detained Person

Given name (names)
Surname
Date of birth  
Nationality and type thereof

Justification for the Placement of the Detained Person in a Specially Equipped Room

 
Opinion and arguments of the detained person  

decided:

To place

Procedures for Contesting

 
The official who took a decision - signature  
I have become familiar with the decision, the nature of the decision has been explained to me, my rights have been presented to me and I have received a copy of this decision

(signature of the detained person)

The person who provided interpreting - the given name, surname, signature  

Minister for the Interior Rihards Kozlovskis

 


Translation © 2018 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Aizturēto ārzemnieku un patvēruma meklētāju izmitināšanas telpu iekšējās kārtības noteikumi Status:
In force
in force
Issuer: Cabinet of Ministers Type: regulation Document number: 254Adoption: 16.05.2017.Entry into force: 20.05.2017.Publication: Latvijas Vēstnesis, 98, 19.05.2017. OP number: 2017/98.1
Language:
LVEN
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