CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 19 octobre 2010

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LATVIA   (Application no. 71572/01)               JUDGMENT     STRASBOURG   19 October 2010   FINAL   19/01/2011   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Bazjaks v. Latvia, The European Court of Human Rights (Third Section), sitting as a Chamber composed of:   Josep Casadevall, President,   Elisabet Fura,   Boštjan M. Zupančič,   Alvina Gyulumyan,   Ineta Ziemele,   Luis López Guerra,   Ann Power, judges, and Santiago Quesada, Section Registrar, Having deliberated in private on 28 September 2010, Delivers the following judgment, which was adopted on that date: PROCEDURE 1.     The case originated in an application (no. 71572/01) against the Republic of Latvia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a “permanently resident non-citizen” of the Republic of Latvia, Mr Igors Bazjaks (“the applicant”), on 29 May 2001. 2.     The Latvian Government (“the Government”) were represented by their Agent, Mrs I. Reine. 3.     The applicant alleged, in particular, that the conditions of his detention in Daugavpils prison had amounted to inhuman and degrading treatment and that he lacked an effective remedy in that regard. 4 .     On 26 November 2004 the President of the Third Section decided to give notice of the application to the Government and to invite them to submit written observations concerning the complaints under Articles 3 and 13 of the Convention. It was also decided to examine the merits of the application at the same time as its admissibility. THE FACTS I.     THE CIRCUMSTANCES OF THE CASE 5.     The applicant was born in 1963 and lives in Daugavpils. A.     The applicant's initial arrest and pre-trial detention 6 .     On 2 June 1998 the applicant was arrested by the police on suspicion of rape and brought to the Ventspils Police Department. The applicant contended that he had been beaten by police officers immediately after his arrest and later during police questioning. On the same day he was placed in custody in a cell in the Ventspils Police Department. 7.     According to the applicant, the cell where he was placed was dirty and infested with fleas and bedbugs. Food was limited to one meal per day and the drinking water had a strong taste of bleach. Moreover, receiving food parcels from relatives was prohibited. It was impossible for the applicant to keep himself clean because of the lack of water and personal hygiene products. In order to prevent him from writing complaints, his pen and paper were seized. 8.     Between 2 and 4 June 1998 the applicant was questioned by the police without being represented by a lawyer. A State-appointed lawyer assisted the applicant during questioning from 4 June 1998 onwards. 9.     In the course of the pre-trial investigation and after its completion, the applicant allegedly filed numerous complaints with the Ventspils Public Prosecutor's Office and with other State authorities, complaining about the conditions in which he had been held and his ill-treatment by the police. However, according to him, he received only standard replies and no investigation was carried out. On 25 November 1998 the applicant filed a complaint with the Kurzeme Regional Public Prosecutor's Office complaining about the conditions of his detention. On 26 November 1998, in reply to his complaint, a prosecutor stated that the facts complained of, such as the alleged lack of personal hygiene products and the inability to wash, fell outside the competence of the Prosecutor's Office. On an unspecified date the applicant announced a hunger strike to protest against the conditions of his detention. 10 .     Later, the applicant was transferred to the Ventspils Police short-term detention facility. On 18 November 1998 he submitted a complaint to the Ventspils Public Prosecutor's Office complaining about misconduct on the part of one of the police officers on duty. On 26 November 1998 a prosecutor visited the applicant and found his complaints unsubstantiated. 11 .     According to the applicant, on 26 November 1998, immediately after the prosecutor's visit, the same police officer on duty, while giving the applicant a bottle of water through the security hatch in the cell door, sprayed gas in his face and shut the ventilation outlets. During the next six hours, at some forty-minute intervals, he poured gas into the cell from gas canisters through the ventilation outlets and subsequently shut them. The applicant and his cellmate asked for the ventilation outlets to be opened; the police officer agreed on condition that the applicant withdrew his complaint. 12.     On 29   November 1998 the applicant applied to the Kurzeme Regional Public Prosecutor's Office complaining about the aforementioned facts and seeking to institute criminal proceedings against the police officer. It appears that no investigation was carried out in respect of the facts complained of and that the applicant was not provided with any reply. B.     The applicant's trial 13.     On 13 January 1999 the Kurzeme Regional Court found the applicant guilty of the aggravated rape and sexual assault of a fifteen-year-old girl and sentenced him to ten years' imprisonment. The applicant appealed. 14.     On 4   March 1999 the Criminal Chamber of the Supreme Court, after having held a hearing, upheld the assessment of evidence by the trial court. However, the appellate court amended the judgment, ordering the applicant to pay the victim 4,000 Latvian lati (LVL) for non-pecuniary damage. The applicant was represented by a State-appointed lawyer before the first-instance court and the appellate court. 15.     The applicant then lodged an appeal on points of law. On 11 May 1999 the Senate of the Supreme Court declared the appeal inadmissible for lack of arguable points of law. The applicant sought to initiate an extraordinary supervisory review of this decision; however, on 14 June 1999 the Office of the Prosecutor General dismissed his application. C.     The applicant's detention 1.     Jelgava prison 16 .     On 6 June 1999 the applicant was transferred to Jelgava prison to continue serving his sentence, and remained there until 22 November 2000. On admission he underwent a medical examination; according to the medical report, he was a drug addict and suffered from venereal disease, spondylosis, dermatitis and gastric problems. The Government maintained, and the applicant himself did not deny, that he received the necessary medical treatment. While in Jelgava prison, he was punished on thirty-two occasions for various disciplinary offences. The last of these penalties was imposed on him on 18 July 2000. 17.     From 12 to 14 April 2000, the Prison Administration carried out a general inspection of Jelgava prison. Detainees were questioned about the conditions of their detention; no specific complaints were received. 18.     According to the documents submitted by the Government, during a cell inspection carried out on 18 July 2000 the applicant behaved aggressively towards the prison guards, used threatening gestures and obscene language. Three guards who had performed the cell inspection subsequently filled in and signed the report form intended for such purposes; however, the applicant himself refused to give explanations, he only noted that he did not speak Latvian and that he did not have trust in the prison guards. The chief supervisor of the relevant prison wing then recommended punishing him with solitary confinement in an isolation cell ( soda izolators ); the supervisor's report includes a comment according to which the prison doctor examined the applicant and found him fit to undergo the punishment. By a decision taken on the same day, 18 July 2000, the prison governor imposed a punishment of fifteen days' isolation on the applicant, starting from the next day. 19.     On the next day, 19 July 2000, after having been transferred to an isolation cell, the applicant was reported again to be behaving aggressively; he also declared a hunger strike. He was then handcuffed for an unspecified amount of time. As on the previous day, three prison guards in charge of the disciplinary unit wrote a disciplinary report. The applicant explained that he had had a “nervous outburst”. It appears that the applicant received no separate punishment for this incident. 20.     The applicant contends that on numerous occasions he applied to various State authorities including the Specialised Public Prosecutor's Office, seeking an investigation into the allegedly unlawful disciplinary penalties imposed on him. On 4 October 2000 he was visited by a prosecutor with whom he discussed this matter. According to the Government, the applicant indeed complained to the aforementioned Prosecutor's Office – but not to any other authority – on 14, 24, 30 and 31   October 2000. However, it cannot be inferred from the case file that in his complaints he actually mentioned the numerous disciplinary penalties imposed on him. These four complaints were forwarded to the Prison Administration, which replied to him by a letter of 21 November 2000 signed by its director; there is no mention of any disciplinary penalty in it. 21.     On 7   November 2000 the applicant complained about the alleged unlawfulness of the disciplinary penalty imposed on him on 18 July 2000. On 24 November 2000, a prosecutor of the Specialised Public Prosecutor's Office dismissed his complaint, finding that the impugned punishment had been justified. 22.     On 4 and 14 November 2000 the applicant filed new complaints with the Specialised Public Prosecutor's Office, the content of which has not been disclosed to the Court. The Government inferred that the applicant had been complaining about management problems in Jelgava prison. By a letter of 15   December 2000 the competent prosecutor replied to him, advising him to submit details of any disputes with the chief supervisor of the wing to the prison governor prior to writing to the Prison Administration or the Prosecutor's Office. 23 .     According to the applicant, on an unspecified date at the end of 2000 he was again placed in a disciplinary cell, where a group of prison guards handcuffed him and then beat, clubbed and kicked him. In the course of the assault the applicant fell to the floor, hit his head against the floor and lost consciousness. After that, he suffered from a violent headache and vomited. Subsequently, a prison doctor examined the applicant and noted a traumatic displacement of his left-side facial bones; however, the applicant remained in the disciplinary cell and no medicines were given to him. The applicant provided a short synopsis of his medical history, drawn up and certified by three members of the medical staff of Grīva prison; this document does not mention any such trauma. Nevertheless, the applicant insisted that the beating had indeed taken place, despite being unable to give the exact date. He claimed to have addressed numerous complaints to various authorities, including the Prosecutor General, requesting that criminal proceedings be instituted against the prison guards allegedly involved in the beating incident; however, no investigation was carried out and the applicant did not receive any reply to his complaints. The Government denied these allegations. 24.     At the request of the governor of Jelgava prison, the director of the Prison Administration on 14 November 2000 approved the applicant's transfer to Daugavpils prison to continue serving his sentence. It appears that on 22 November 2000 the applicant was transferred to the Central Prison Hospital in Rīga and that he stayed there until 11 January 2001. 25.     The applicant also contended that on an unspecified date in 2001 he had undergone an X-ray examination of his skull in the Central Prison Hospital. The results of this examination allegedly confirmed the traumatic displacement of his left-side facial bones and revealed a trauma to his right hand, loss of hearing in his left ear and a damaged retina in his right eye. He claimed that doctors had refused to operate on him or even to report his injuries to the Prosecutor General. As he had expressed dissatisfaction with the conduct of the doctors, he was subsequently penalised and placed in a disciplinary cell where he allegedly did not receive any medical assistance or treatment. The medical synopsis submitted by the applicant (see paragraph 23 above) does not mention any such examination, and there is no other document in the case file to confirm these statements. 2.     Daugavpils prison and subsequent imprisonment 26 .     Between 11 January 2001 and 26 January 2002 the applicant served his sentence in Daugavpils prison. During that period, he was punished on twenty   occasions for various disciplinary offences, including on six occasions by solitary confinement, inter alia , for being intoxicated with drugs. The conditions of detention in Daugavpils were generally poor, the food was of poor quality and of insufficient quantity and the detainees were not provided with any personal hygiene products. 27.     Between 8   November and 21   December 2001 the applicant was kept in a special segregation unit of the prison. According to him, the cell where he was placed together with other detainees was located in the prison basement and had no daylight. The cell was very humid and cold since its windows were unglazed and since the central heating pipes and radiators gave off no heat. It was in a poor state of repair, dirty and infested with insects and rats. Furthermore, it lacked hot water and was not even equipped with a washbasin; hence, the applicant was unable to keep himself clean. His clothes were never taken to the prison laundry, so that he was obliged to wear the same underwear for two months. As there was no drinking water supply, the detainees were forced to drink water from the toilet flush or from a bucket intended for the same purpose. The cell was inadequately furnished as there was no dining table or furniture for keeping personal belongings, and no cutlery. The Government did not submit any comments in this regard. 28 .     The applicant asserted that he had applied to the prison authorities, various State officials and the Prosecutor General complaining about the conditions of detention but had not received any answer. Moreover, according to the applicant, his complaints gave rise to abuse from prison staff: he was verbally assaulted, threatened with violence, his warm clothes were taken off him and false reports were made about him. The Government denied that the applicant ever complained about the conditions of his detention. 29 .     On 21   December 2001 the applicant declared a hunger strike to protest against the conditions of his detention. He was immediately punished with solitary confinement and placed in disciplinary cell no. 22. According to the applicant, this cell had no windows, no ventilation system and no washbasin. It was overrun by insects and rats. No toiletries and bedding were provided, and the applicant's request for some boiled water was refused. At night, the applicant slept on a folding bunk bed which was fixed to the wall during the day so that it was impossible to lie down or sit on it in daytime. If the applicant felt unwell during the day, he was forced to lie on the floor. Moreover, he allegedly fainted several times because of the extremely stale air in the cell and he complained about this to the prison staff, but in vain. Each morning the cell was searched; he was consequently ordered to strip naked and brought out into the corridor, where he was humiliated by the prison staff. According to the Government, the applicant's allegation of daily strip-searches was wholly unsubstantiated. 30.     The applicant submitted that on the tenth day of his confinement he was visited by a prison doctor who, instead of providing any kind of medical assistance, informed him that he would be kept in these conditions until he agreed to give up his hunger strike. 31.     The applicant further alleged that on the thirteenth day of his hunger strike he was transferred to disciplinary cell no.   14. This cell was very cold, since its window contained only empty panes without glass. On the next day, the applicant allegedly fainted again, collapsed on the floor and wounded his forehead on the metal rim of the bunk bed. Shortly afterwards he was examined by a prison doctor who declared that he should lie down in bed. However, this indication appears not to have been followed and the applicant remained in the disciplinary cell in the same conditions. 32.     The Government did not comment on most of the facts described above, merely observing that there were “no solitary confinements or any other special cells for those who have announced a hunger strike in Daugavpils prison”. 33.     On 4 January 2002 the applicant discontinued his hunger strike for health reasons. According to him, on 7 January   2002 he lodged a complaint with the Prosecutor General complaining of the allegedly unlawful disciplinary penalties imposed on him and of his inhuman treatment in Daugavpils prison. The applicant did not specify whether he received any answer to this complaint. The Government denied this assertion; according to them, the last complaint during this period was made by the applicant on 26 March 2001, was addressed to the Inspector General of the Ministry of Justice ( Tieslietu ministrijas ģenerālinspektors ) and related only to restrictions on receiving food parcels from relatives. The applicant claimed that he had subsequently been threatened by the deputy prison governor, who warned him that that he would be subjected to even worse conditions if he continued to complain. 34.     On 25 January 2002 the applicant was released from the disciplinary cell. Shortly thereafter he was admitted to the Central Prison Hospital in Rīga to undergo medical treatment for tuberculosis. In April 2002 he left hospital and was transferred to Grīva prison, where he continued serving his sentence until his release on 2 June 2008. The applicant submitted that the medical assistance in that prison had not been appropriate to his condition; he did not, however, provide any details or descriptions in that regard. II.     RELEVANT INTERNATIONAL LEGAL MATERIAL AND DOMESTIC LAW A.     The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment 35 .     Following the first visit to Latvia between 24 January and 3 February 1999 the European Committee for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment (“CPT”) published its report on 22   November 2001. The relevant parts of the CPT's report concerning that visit read as follows:   “91. At the outset of the visit, the Minister of the Interior and senior officials from the Prison Department highlighted serious problems facing the Latvian prison system: a rising prison population, which had led to overcrowding and hence a deterioration in conditions of detention; lack of work, education and leisure opportunities for prisoners; shortage of staff; and a dramatic spread of tuberculosis amongst the prison population. ... 144. Tuberculosis was identified as a major problem by both the representatives of the Prison Department and the health care teams at the prisons visited. They stressed that in recent years, there had been a significant increase in the number of tuberculosis cases, attributed primarily to prison overcrowding and to the shortage of appropriate sanitary means to control the disease. It was also stated that the tuberculostatic medicines currently available on the market were costly, while the range available was decreasing. Also, the number of cases of resistance to tuberculostatic medicines in Latvia's prisons was said to be rising (at the time of the visit, approximately 22% of all prisoners suffering from tuberculosis were resistant to at least two of the first-line tuberculostatic medicines). The CPT fully shares the concerns voiced by the above-mentioned persons. Unless adequately treated, tuberculosis is a life-threatening disease. The prison authorities therefore have a clear obligation to ensure adequate methods of prevention and detection, and to provide appropriate treatment.” 36.     Following its second periodic visit to Latvia between 25 September and 4   October 2002, the CPT published its report on 10 May 2005. While the principal objective of the visit to Jelgava prison was to review the conditions of detention of life-sentenced prisoners, a full visit was carried out to Daugavpils prison. At the outset, the CPT stated that it was very concerned by the lack of progress since the previous visit, which had taken place in 1999 and “[was] obliged to reiterate many of its previous recommendations concerning prison issues” (see the relevant report, document CPT/Inf   (2005)8, paragraph 6). 37 .     The relevant parts of the CPT's report concerning the visit to Latvia between 25 September and 4 October 2002 read as follows: “ 65. The CPT noted that the legal standards for the provision of living space to prisoners in Latvia had recently been slightly increased to 2.5 m² per person for male adult prisoners and to 3.5 m² per person for female and juvenile prisoners. Whilst acknowledging this development, the Committee must emphasise that the new standards still do not offer a satisfactory amount of living space (cf. also paragraph 93 of the report on the 1999 visit). The CPT therefore recommends that the above-mentioned legal standards be raised as soon as possible, so as to guarantee at least 4 m² per prisoner in multiple-occupancy cells, and that official capacities and occupancy levels of cells in Latvian prisons be revised accordingly . 66.     Daugavpils [p]rison , which was built in 1861 in the city centre, is a closed prison for male prisoners (sentenced and on remand). Its official capacity had recently been increased from 543 to 800 inmates. At the time of the visit, the establishment was holding 762 prisoners, of whom 310 were sentenced and 443 on remand (including 24 juveniles). In addition, nine sentenced prisoners, held in a semi-open regime, were assigned to work in the establishment. ... 73.     At Daugavpils [p]rison , the three buildings accommodating prisoners were overall in a poor state of repair. Further, most cells were poorly ventilated, and some of them had no access to natural light (the windows being covered by metal plates). In addition, cells were frequently overcrowded, in particular those accommodating remand prisoners ( e.g. 40m 2 for 21 prisoners; 12.5m 2 for six prisoners).   Material conditions were particularly poor in the “quarantine” unit, where up to six newly-arrived, sick and/or vulnerable prisoners were being held in cells measuring some 10 m². The cells were very humid, cold and had no access to natural light. Further, no or only very thin mattresses were supplied to prisoners, and toilets were not partitioned. The delegation, however, noted that some steps were being taken to refurbish the “quarantine” unit; this refurbishment should be completed as a matter of priority. ... 75.     [In Daugavpils prison], the poor hygienic conditions were exacerbated by the fact that prisoners were not provided with any personal hygiene products ( e.g. soap, toothbrush, toilet paper, etc. ) and that indigent prisoners were not always provided with proper clothing. ... 77. Finally, in [Daugavpils prison], many prisoners claimed that until shortly before the CPT's visit the occupancy levels had been significantly higher and that, on occasion, the number of prisoners had exceeded the number of beds available. It is axiomatic that such a state of affairs would be unacceptable; the principle of one prisoner - one bed should be respected at all times. 78. At Daugavpils [p]rison, hardly any out-of-cell activities were offered to sentenced prisoners. At the time of the visit, a one-year vocational training programme for masonry and painting was organised, with an option to acquire externally recognised diplomas, but only 22 out of 310 inmates could participate. Regrettably, a four-year Latvian language course and a two-year educational programme had been discontinued in 2002. The CPT is particularly concerned that prisoners serving long sentences were excluded from the above-mentioned activities. ... 80.     In [Daugavpils prison], prisoners were obliged to take their outdoor exercise in small concrete cubicles covered with a metal grille, under conditions which did not allow them to exert themselves physically ( e.g. 15 m² for up to ten prisoners; less than 10 m² for up to six prisoners). ... 93. As already indicated ( cf. paragraph 73), material conditions of detention were generally poor throughout Daugavpils [p]rison . ... 133.     The Latvian authorities have failed to implement several of the urgent recommendations concerning disciplinary matters made by the CPT after the 1999 visit. Prisoners placed in disciplinary cells are still not provided with a mattress and blankets at night and... are not offered outdoor exercise... Such a flagrant disregard of the CPT's recommendations is totally unacceptable. ... 134.     Frequent recourse was had at Daugavpils ... [prison] to the sanction of solitary confinement. Further, it appeared that in the majority of cases, the maximum penalty or close to it was imposed... The CPT is not convinced that the sanctions imposed were always proportional to the offence (for example, extension of the placement in the punishment cell by 15 days for folding down the wooden platform in the cell during the day). ... 135.     Further, in view of the information gathered during the 2002 visit, the CPT recommends that steps be taken to ensure that all prisoners receive a copy of the decision imposing a disciplinary punishment and are informed in writing of the possibility to lodge an appeal with the Director of the establishment. ... 140.     One of the most effective means of preventing ill-treatment by prison officers lies in the diligent examination of complaints of ill-treatment and the imposition of suitable penalties. Prisoners should have avenues of complaint open to them both within and outside the prison system, including the possibility of confidential access to an appropriate authority.   In all prisons visited, prisoners could, in principle, submit a complaint to the establishment's Director. In addition, complaints could be addressed to the Regional Prosecutor and the National Human Rights Office. However, the CPT is concerned by the manner in which prisoners' complaints were processed in practice. Many prisoners interviewed in the establishments visited indicated that they did not have any trust in the current complaints system, since they were obliged to hand their complaint - even those addressed to judicial authorities - in an unsealed envelope to a prison officer. Not surprisingly, only a few complaints were recorded in the establishments visited. Means must be found of enabling complaints to be submitted to the Regional Prosecutor and the National Human Rights Office in a truly confidential manner. ... 141.     The CPT has already emphasised the importance of regular visits to all prison establishments by an independent body with authority to receive - and, if necessary, take action on - prisoners' complaints and to visit the premises...   The delegation noted that, in addition to the General Prosecutor's Office, the National Human Rights Office carried out visits to Latvian prisons. Visit reports and recommendations by the latter body were submitted directly to the Ministry of Justice. ...” 38 .     The Latvian Government made the following comments and additional comments in response (document CPT/Inf   (2005)9):   RESPONSE OF THE GOVERNMENT OF LATVIA “The maximum number of places of imprisoned persons to be placed in prisons has been set by the Decree of the Ministry of Justice dated 25 February 2003 and it complies [with] the norms (not less than 2.5 m² for men and not less than 3 m² for women and persons under the age of 18). The shortcoming related to the overpopulation of imprisoned persons in Daugavpils as pointed out by the experts of CPT Committee prison has been eliminated. ... During the time period from year 1999 to 2002 no complaints on physical assaults committed by the prison personnel, have been received, there have been no disciplinary or criminal cases initiated based on such complaints...” ADDITIONAL RESPONSE OF THE GOVERNMENT OF LATVIA “About mentioned in the letter overcrowding in Daugavpils [p]rison we have to say that maximum capacity of that prison is 543 places, on the 1st January 2004 there were 449 prisoners therefore prison density is 82.6%. At the moment none of prisons is overcrowded. ... The Prison Administration until this year did not make statistics on registration of claims about possible ill-treatment in prisons. But according to paragraphs 125 and 126 of Criminal Law there were initiated criminal cases: 7 in 2001, 5 in 2002, 5 in 2003. Starting from this year the Prison Administration will make statistics of registration of claims about possible ill-treatment in prisons.   Because of long period that has passed since the incident of claim about ill-treatment that was mentioned in the letter, it is difficult for Prison Administration to give any elucidation on that matter...”   39.     Following its ad hoc visit to Latvia from 5 to 12 May 2004, the CPT published its report on 13 March 2008. In its relevant part the report reads as follows: “8. At the end of the visit, on 12 May 2004, the CPT's delegation held final talks with the Latvian authorities, in order to acquaint them with the main facts found during the visit. On this occasion, the delegation made the following immediate observations, in pursuance of Article 8, paragraph 5, of the Convention: ... - to take steps at Daugavpils [p]rison ... to ensure that all prisoners placed in disciplinary cells are given a mattress and blankets at night, and are offered at least one hour of outdoor exercise per day. ... 37. The CPT's delegation carried out full follow-up visits to Daugavpils [p]rison and Rīga Central [p]rison (including the Prison Hospital) and a targeted follow-up visit to Jelgava [p]rison (Unit for life-sentenced prisoners), in order to review the measures taken by the Latvian authorities after the 2002 visit. 38. All establishments visited have already been described in paragraph 66 of the report on the 2002 visit. The general descriptions contained in that report still remain valid. Daugavpils [p]rison had recently been formally transformed into a remand institution, although it was still accommodating sentenced prisoners as well. Its official capacity had been reduced from 800 to 543 places (including 43 juveniles). At the time of the 2004 visit, the establishment was accommodating 426 inmates, of whom 101 were sentenced and 314 on remand (including 29 juveniles).... 39. In its report on the 2002 visit, the CPT made a number of remarks and specific recommendations concerning the problem of overcrowding as well as legal standards for the provision of living space to prisoners in the Latvian prison system. In particular, the Committee recommended that the existing legal standards (i.e. 2.5 m² per person for male adult prisoners and 3 m² per person for female and juvenile prisoners) be increased as soon as possible, so as to guarantee at least 4 m² per prisoner in multi-occupancy cells. Regrettably, in their response to the 2002 report, the Latvian authorities chose to evade rather than address the above-mentioned recommendations, laconically stating that, on the basis of the existing legal standards, none of the Latvian prisons were overcrowded. 40. The CPT must stress once again that the solution to the problem of overcrowding was to be found not so much in developing the prison estate but rather in reconsidering current law and practice in relation to remand detention as well as sentencing policies. During the 2004 visit, it became apparent that there was still room for improvement, especially as regards the imposition of non-custodial sanctions and the duration of remand detention. 41. In the light of the above remarks, the CPT reiterates its recommendations that : - the existing legal standards on living space for prisoners be raised without any further delay, so as to provide for at least 4 m² per prisoner in multiple-occupancy cells, and that official capacities and occupancy levels of cells in Latvian prisons be revised accordingly; - that the Latvian authorities continue to pursue their efforts to bring about a permanent end to overcrowding; in this context, Committee of Ministers Recommendation No. R (99) 22 on prison overcrowding and prison population inflation should be taken into account. ... 60. ... [T]he material conditions at Daugavpils [p]rison ... remained very poor (state of repair, ventilation, etc.). [In that prison] metal shutters had still not been removed from all windows, and inmates were still not provided with basic personal hygiene products (including toilet paper). Further, in a number of cells ... toilets were not (adequately) partitioned. ... 61. Regrettably, no improvements had been made at Daugavpils [p]rison ... as regards regime activities offered to sentenced and remand prisoners. As for sentenced prisoners at Daugavpils, only a few worked in the kitchen or as maintenance workers, and only 16 (out of 101 inmates) were provided with vocational training (bricklaying and masonry). For all other sentenced inmates, out-of-cell activities other than outdoor exercise are limited to access to a gym, twice or three times per month, for one hour. In neither of the establishments were remand prisoners offered any out-of-cell activities apart from daily outdoor exercise... ... 71. The CPT welcomes the improvements made to the conditions of detention in the punishment cells at Daugavpils [p]rison ... However, it is seriously concerned by the total failure of the Latvian authorities to implement a number of urgent recommendations made by the CPT after the 1999 visit and repeated after the 2002 visit. Adult sentenced prisoners placed in disciplinary cells were still not provided with a mattress and blankets at night and (with the exception of TB patients) were not offered outdoor exercise. The delegation addressed these points in an immediate observation, pursuant to Article 8, paragraph 5, of the Convention, at the end of the visit (see paragraph 8). By letter of 21 October 2004, the Latvian authorities provided the following information: “The Prison Department has prepared amendments to the Latvian Penal Execution Code which lay down that in sleep hours bed accessories are distributed to convicts in isolation wards and submitted them for revision under the second reading of the said amendments in the Parliament. It is not possible to ensure walks for adult prisoners in isolation wards since the walking grounds are situated separately from the imprisonment premises. It is necessary to build more walking grounds but it depends on adequate funds.” In the CPT's view, the Latvian authorities' reasons for not yet having implemented these long-standing recommendations are indefensible. The Committee calls upon the Latvian authorities to take immediate steps to ensure that all prisoners placed in disciplinary cells are given a mattress and blankets at night, and are offered one hour of outdoor exercise per day. In the present context, prisoners held in disciplinary cells should be escorted daily to existing outdoor exercise areas . ... In the light of the delegation's findings, steps should also be taken to ensure that all prisoners placed in punishment cells are allowed access to a wider range of reading matter (i.e. not only religious literature) at Daugavpils [p]rison. ...” B.     Relevant domestic law 40.     Article 92 of the Constitution ( Satversme ) provides, inter alia , that “any person whose rights are violated without justification has a right to commensurate compensation”. For the relevant part of the judgment of the Constitutional Court ( Satversmes tiesa ) of 5 December 2001 in case no. 2001-07-0103 see Kornakovs v. Latvia , no. 61005/00, § 54, 15 June 2006. 41 .     The relevant parts of the Law on the Prosecutor's Office ( Prokuratūras likums ) as applicable at the material time read as follows: Section 6 – Independence of prosecutor s “(1) In their activities prosecutors shall be independent of the influence of any other institution or official exercising State authority or administrative power, and shall be bound only by the law. (2) The Parliament, the Cabinet of Ministers, State and local government institutions, State and local government civil servants, all types of enterprises and organisations, as well as all individuals, are prohibited from interfering in the work of the Prosecutor's Office during the investigation of a case or during the performance of other functions of the Prosecutor's Office. (3) Prosecutors' actions may be appealed against in the cases and in accordance with the procedures specified by this law and the relevant procedural laws. Complaints regarding matters within the sole competence of the Prosecutor's Office shall be submitted to the chief prosecutor of a Prosecutor's Office one level above or, with regard to the actions of a prosecutor of the Prosecutor General's Office, to the Prosecutor General. The decisions taken by the aforementioned officials shall be final. (4) A higher-ranking prosecutor may take over any case file but may not compel a prosecutor to carry out actions contrary his or her convictions. ...” Section 9 – Mandatory nature of prosecutors' orders “(1) The lawful orders of a prosecutor shall be binding on all persons in the territory of the Republic of Latvia. (2) Persons shall be held liable as specified by law for any failure to comply with the lawful requests of a prosecutor.” Section 15 – Supervision of the execution of a sentence of deprivation of liberty “In accordance with the procedures prescribed by law, the prosecutor shall supervise the execution of sentences of deprivation of liberty applied by the courts and the places where persons arrested, detained or under guard are kept, and shall take part in court sittings relating to changes in the specified term of a sentence or of its conditions.” Section 16 – Protection of the rights and lawful interests of persons and the State “(1) On receipt of information concerning a breach of the law, the prosecutor shall carry out an examination in accordance with the procedures prescribed by law, if: ... 2. the rights and lawful interests of [ inter alia ] ... detainees ... have been violated. (2) The prosecutor has a duty to take the measures required for the protection of the rights and lawful interests of persons and the State, if: 1. the Prosecutor General or a chief prosecutor recognises the need for an examination; ...” Section 17 – Powers of prosecutors in examining application s “(1) In examining applications in accordance with the law, prosecutors have the right: 1. to request and to receive regulatory enactments, documents and other information from the administrative authorities ..., as well as to enter, without hindrance, the premises of such authorities; 2. to assign the heads and other officials of ... institutions and organisations to carry out examinations, audits and expert examinations and to submit opinions, as well as to provide the assistance of specialists in the examinations carried out by the prosecutor; 3. to invite persons [to come] and to receive from him/her an explanation on the breach of the law... (2) When taking a decision on a breach of the law, prosecutors ...have a duty: 1. to warn that the breach of the law is not allowed; 2. to submit an objection or a request concerning the necessity of putting an end to the breach; 3. to bring an action before the court; 4. to initiate a criminal investigation; or 5. to initiate [proceedings concerning] administrative or disciplinary liability.” Section 20 – Application by the prosecutor “... (3) If the requirements of a prosecutor's request are not complied with or no reply is provided, the prosecutor is entitled to submit to a court or any other competent institution an application to have the person concerned held liable as prescribed by law.” 42 .     The former Code of Criminal Procedure ( Kriminālprocesa kodekss ), in force at the material time and until 1 October 2005, gave prosecutors the right to open criminal investigations. Under section 112, paragraph 3 a refusal by a prosecutor to institute a criminal investigation could be appealed against to a higher-rankin