Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
12 June 1997 [shall come
into force on 4 June 1997];
17 June 1998 [shall come into force on 21 July
1998];
11 March 1999 [shall come into force on 13 April
1999];
13 June 2001 [shall come into force on 6 July
2001];
11 March 2004 [shall come into force on 7 April
2004];
31 March 2011 [shall come into force on 1 July 2011].
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.
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The Saeima1 has adopted and
the President has proclaimed the following law:
On the
Determination of the Status of a Politically Repressed Person for
Victims of the Communist and Nazi Regime
Chapter 1
General Provisions
Section 1. The Communist and Nazi ideology, the
Communist and Nazi totalitarian regime and political repression
directed by these regimes against Latvian citizens and permanent
residents for their political beliefs or political activities,
for their resistance to totalitarian regimes, for religious
beliefs, for race or nationality, for membership of a particular
class of society or social status, for working in a particular
profession or for occupation which was not in contradiction with
the laws of the Republic of Latvia, for marriage or kinship with
a politically repressed person, for assistance to politically
persecuted or repressed persons, shall be recognised as
crimes.
[11 March 2004]
Chapter 2
Determination of the Status of a Politically Repressed Person for
Victims of the Communist Regime
Section 2. (1) Current and former citizens of Latvia,
Estonia, Lithuania, Finland, and Poland and inhabitants who have
legally entered Latvia and permanently resided in Latvia until 17
June 1940, and also descendants of such persons (except for
persons who entered Latvia in accordance with the Mutual
Assistance Pact of Latvia and the USSR of 5 October 1939),
Latvians and Livonians (Livs) who were repressed in or outside
the territory of Latvia, and also permanent residents of Latvia
who were repressed in the territory of Latvia after 8 May 1945
shall be recognised as politically repressed persons of the
Communist regime if they for the reasons referred to in Section 1
of this Law during the period until 21 August 1991:
1) were killed or died as a result of repression;
2) were arrested, incarcerated in prisons, concentration, USSR
filtration (inspection), and labour camps or forcibly placed in
institutions where coercive measures of a medical nature were
applied to them;
3) were exiled, deported, or moved from the permanent place of
residence (except for the persons who were evacuated or moved
from the combat zones or areas threatened by acts of war,
refugees, and adults exposed to the labour service during the
war), born in exile or forced displacement - if one of the
parents or both parents had been exiled or in forced displacement
- after removal of the parents from the register of special
command until the date of receipt of the permit to return to
Latvia, but not later than one year from the date on which
parents were removed from the register of special command.
(2) The provisions of Paragraph one of this Section shall not
apply to the persons who have participated in the political
repression of the Communist or Nazi regime.
[12 June 1997; 11 March 1999; 13 June 2001 / See
Transitional Provisions]
Section 3. (1) An identity card of a politically
repressed person shall be issued to politically repressed persons
if their conformity with the status of a politically repressed
person has been attested by documents.
(2) The identity card of a politically repressed person shall
be issued on the basis of:
1) a rehabilitation certificate issued in accordance with the
law of the Republic of Latvia of 3 August 1990, On Rehabilitation
of Unlawfully Repressed Citizens, the decree of the Presidium of
the Supreme Council of the Latvian SSR of 8 June 1989, On
Rehabilitation of Citizens who have been Exiled from the
Territory of the Latvian SSR in the Forties and Fifties, and the
decision of the Council of Ministers of Latvian SSR No. 350 of 2
November 1988, On Unjustified Administrative Deportations of
Citizens from the Latvian SSR in 1949;
2) a document issued by the Ministry of the Interior regarding
the administrative deportation of a person from the territory of
Latvia or his or her birth in captivity, exile, or forced
displacement outside the territory of Latvia;
3) a document issued by the State Archives of Latvia or the
archives of other countries regarding the presence of a person in
a filtration (inspection) or labour camp of the USSR;
4) a document issued by the Office of the Prosecutor regarding
the death of a person as a result of political repression;
5) a judgment of a court of the Republic of Latvia on the
establishment of the fact of political repression and
rehabilitation in cases where documents regarding the fact of
political repression have not been retained in the State Archives
of Latvia or in the archives of other countries or have been
completely lost.
[11 March 2004; 31 March 2011]
Chapter 3
Determination of the Status of a Politically Repressed Person for
Victims of the Nazi Regime
Section 4. (1) Citizens of Latvia, Estonia, and
Lithuania and the inhabitants who have legally entered and
permanently resided in Latvia until 17 June 1940, and also
descendants of such persons (except for the persons who entered
Latvia in accordance with the Mutual Assistance Pact of Latvia
and the USSR of 5 October 1939) shall be recognised as
politically repressed persons of the Nazi regime if they for the
reasons referred to in Section 1 of the Law during the time
period from 22 June 1941 to 8 May 1945 in or outside the
territory of Latvia:
1) were killed or died as a result of repression;
2) were incarcerated in prisons, ghettos, concentration and
labour camps;
3) were deported or moved from the permanent place of
residence (except for the persons who were evacuated or
transferred from the combat zones or areas threatened by acts of
war, refugees, and adults exposed to the labour service during
the war), born in forced displacement if one of the parents or
both parents were in forced displacement;
4) were exiled in forced labour to Germany during the Nazi
regime in campaigns of 1942 and 1943.
(2) Permanent residents of Latvia who were repressed for
nationality shall also be recognised as politically repressed
persons of the Nazi regime.
(3) All persons who were minors at the time and who were
incarcerated in prisons or concentration camps in the territory
of Latvia shall be recognised as politically repressed persons of
the Nazi regime, except for those persons who were incarcerated
for committing a criminal offence.
(4) The provisions of Paragraphs one and two of this Section
shall not apply to the persons who have participated in political
repression of the Communist and Nazi regime.
[12 June 1997; 11 March 1999]
Section 5. (1) An identity card of a politically
repressed person card shall be issued to politically repressed
persons if their conformity with the status of a politically
repressed person has been attested by documents.
(2) The identity card of a politically repressed person shall
be issued on the basis of:
1) a document of the State Archives of Latvia, the archives of
other countries, or official State institutions;
2) a judgment of a court of the Republic of Latvia regarding
the establishment of the fact of political repression in cases
where documents regarding the fact of political repression have
not been retained in the State Archives of Latvia or in the
archives of other countries or have been completely lost.
[11 March 2004; 31 March 2011]
Chapter 4
State Moral and Legal Guarantees for Politically Repressed
Persons
Section 6. The rights of politically repressed persons
shall be guaranteed by the State.
Section 7. The State has designated 25 March and 14
June as the Commemoration Day of the Victims of Communist Terror,
8 May - as the Day of the Destruction of Nazism and the
Commemoration Day of the Victims of the Second World War, 4 July
- as the Commemoration Day of the Genocide of the Jews.
Section 8. The State shall provide historical
exploration of the fate of politically repressed individuals, and
also establish historic memorial sites.
Section 9. (1) The State shall ensure the restoration
of the rights of politically repressed persons in the field of
civil, economic, and social rights in accordance with the law.
Reliefs for the payment of taxes and duties are guaranteed to
politically repressed persons in accordance with laws and
regulations. Benefits in the granting of a pension, free medical
care, social rehabilitation and benefits in the use of public
transport are covered from the joint income of the State basic
budget.
(2) Politically repressed persons who have been rehabilitated
on the basis of the law On Rehabilitation of Unlawfully Repressed
Persons have the right to receive compensation by annulling the
property compensation certificates granted for the removed
property. The compensation shall be disbursed according to the
same procedures as specified for the disbursement of the
compensation by annulling the property compensation certificates
for the property removed from the persons who have been
administratively unduly deported.
[13 June 2001; 11 March 2004 / See Transitional
Provisions]
Section 10. (1) State and local government authorities
and their officials shall, upon receipt of the submissions of
politically repressed persons and also other stakeholders, ensure
that, in accordance with the procedures laid down in the Law, the
consequences caused by the restrictions of totalitarian regimes
on the civil, economic, and social rights are eliminated, the
material losses caused by such regimes, physical and moral damage
caused thereby are compensated.
(2) Refusal of authorities and officials may be appealed to a
court.
Chapter 5
Final Provisions
Section 11. (1) An official of the Office of
Citizenship and Migration Affairs shall grant the status of a
politically repressed person. The decision of an official of the
Office of Citizenship and Migration Affairs may be contested to
the Head of the Office. The decision of the Head of the Office of
Citizenship and Migration Affairs may be appealed to the District
Administrative Court in accordance with the procedures laid down
in the Administrative Procedure Law.
(2) Before taking the decision on granting or withdrawal of
the status of a politically repressed person, the Office of
Citizenship and Migration Affairs shall request the opinion of
the Advisory Board. The by-laws of the Advisory Board shall be
issued and the personnel shall be approved by the Head of the
Office of Citizenship and Migration Affairs. Representatives of
the associations of politically repressed persons shall be
included on the Advisory Board. The opinion of the Advisory Board
shall be of a recommendatory nature.
[31 March 2011]
Section 12. The Cabinet shall determine the procedures
for the issuance, registration, and use of the identity cards of
politically repressed persons.
[31 March 2011]
Transitional
Provisions
1. The Cabinet shall:
1) by 31 December 1995 draw up and approve a new sample of the
identity card of a politically repressed person, ensure the
making of the identity card, and determine a time period within
which the re-registration of politically repressed persons shall
be carried out and until which the identity cards of the
politically repressed persons of the current sample form shall be
valid;
2) determine the procedures by which the expenses of medical,
transport, social, and other institutions and undertakings for
services provided to politically repressed persons shall be
compensated;
3) by 1 September 1997 prepare a draft law or other regulatory
enactment which provides for the recovery of property or
compensation thereof for persons:
a) who were subject to increased taxes and duties, followed by
the removal of property, eviction from houses or apartments;
b) who avoided repression, where political repression prepared
against them has been proved by documents;
4) in international negotiations with the Russian Federation
and the Federal Republic of Germany, and also with the
involvement of the United States of America and Great Britain as
members of the Yalta and Potsdam Conference, address the
following:
a) reimbursement of all losses caused to the Republic of
Latvia and the citizens and permanent residents of Latvia and the
return of all archival materials removed from Latvia (also the
archives of the State Security Committee of the Latvian SSR) to
the Republic of Latvia,
b) reimbursement of the losses caused to residents of other
countries who, as a result of the repression of the Communist and
Nazi regime, have entered and continue to reside permanently in
Latvia, coordinating this issue with the countries from which
such residents were displaced or relocated during the
abovementioned regimes;
5) in negotiations with the Republic of Estonia and the
Republic of Lithuania address the issue of an interstate
agreement regarding the determination of the status of a
politically repressed person in each Baltic State for the
citizens of Latvia, Estonia, and Lithuania.
[12 June 1997]
2. Within the scope of the statutory competence and within the
scope of their budget, local governments shall grant reliefs to
politically repressed persons in the payment of individual taxes
and duties or in the receipt of services.
3. With the coming into force of this Law, the law On the
Determination of the Status of a Politically Repressed Person,
the decision of the Supreme Council, On the Application of the
Law of the Republic of Latvia On the Determination of the Status
of a Politically Repressed Person and the Procedures for the
Coming into Force (Latvijas Republikas Augstākās Padomes un
Valdības Ziņotājs, 1992, No. 22./23), and the decision of the
Presidium of the Supreme Council, On the Application of Sections
2 and 4 of the Law of the Republic of Latvia of 13 May 1992 On
the Determination of the Status of a Politically Repressed Person
(Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1993, No. 3./4), are repealed.
4. Amendment to Section 2 of the Law shall come into force on
1 January 2002.
[13 June 2001]
5. Amendments to Section 9 of the Law on the covering of costs
from the State basic budget shall come into force on 1 January
2002.
[13 June 2001]
6. Amendment to Section 9 of the Law on the covering of the
costs necessary for social rehabilitation from the State basic
budget shall come into force on 1 January 2005.
[11 March 2004]
7. Administrative cases regarding granting of the status of a
politically repressed person (including cases regarding the
revocation of the decision on granting of the status of a
politically repressed person) which have been commenced in the
local government or the Ministry of Justice until 30 June 2011
shall be examined by the relevant local government or the
Ministry of Justice accordingly.
[31 March 2011]
The Law shall come into force on the day following its
proclamation.
The Law has been adopted by the Saeima on 12 April
1995.
President G. Ulmanis
Rīga, 26 April 1995
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)