Latvia: Promoting Bail in Place of Pretrial Detention

Promoting Bail Supervision as an Alternative to Pretrial Detention

Background

Latvia has the fourth highest imprisonment rate in Europe, with 359 prisoners for every 100,000 members of the general population (see graph). A high proportion of these are awaiting trial—at the end of 2002, 3,719 of the 8,358 inmates in Latvia’s 15 prisons were unsentenced—the second highest rate of pretrial detention in Europe after Albania. Almost two-thirds of incarcerated juveniles are awaiting trial. The Latvian Center for Human Rights and Ethnic Studies describes “long pretrial detention periods” as “the main human rights problem in Latvia”. [1] The European Committee for the Prevention of Torture, (CPT) referring to the “intolerable” conditions in Latvian pretrial detention establishments, has called for a reconsideration of both law and practice in relation to custody pending trial. [2]

This is the context for a joint project of the Justice Initiative and the Soros Foundation-Latvia to promote bail supervision as an alternative to pretrial detention in Latvia. The challenge is to tackle the "supply side" of the problem—that is, the process which first places persons in pretrial facilities and then determines whether they remain there. Fostering the existence of credible alternatives to pretrial detention offers a potentially powerful response to that challenge.

Pressure to alleviate the situation is low, in part because public knowledge about the realities of conditions of detention in pretrial establishments remains limited. In particular, there is little understanding of the wider social cost of failing to improve pretrial detention facilities, such as the fact that a high and growing rate of communicable diseases in prisons presents an ongoing health risk for the communities into which detainees are afterwards released.

Objectives

The main objective of the project is to assist the Latvian criminal justice system in reducing the number of people held in pretrial detention and shortening the period of detention, so that its use is limited to situations prescribed by international standards—i.e., where there exists a danger of the accused absconding, interfering with the course of justice or committing a serious offence. [3] The project will further review the suitability of bail as a possible alternative in some cases where pretrial detention is currently used.

Activities

• Baseline Data Gathering

With a view to limiting the use of pretrial detention, international standards outline factors to be taken into consideration when deciding whether or not to impose or prolong pre-trial detention. Of particular relevance is the widely-recognized requirement that the deciding authority should consider all available alternatives to custody. As part of the project, a representative sample of around 250 cases of pre-trial detention was examined in order to ascertain whether due consideration had been given to possible alternatives.

• Expert Evaluation of the New Criminal Procedure Code

The Ministry of Justice of Latvia has expressed an interest in receiving an independent expert evaluation of a proposed new Criminal Procedure Code. The new Code addresses many of the current problems in the criminal justice process with the goal of making it more efficient. The findings from the evaluation, including recommendations for additions or changes to the proposed legislation, may have some bearing on whether the new Code is ultimately accepted by the government and passed by parliament. The project has commissioned two independent experts—a Latvian authority and an international expert—to carry out the evaluation.

• Pilot Bail Supervision Project

The Ministry of Justice has indicated that it is interested in obtaining information about types of pretrial release and bail programs that are successful in other countries. For example, the Ministry is looking for alternatives to pretrial detention for homeless street children. The project has provided expertise on these questions, including highlighting international best practice models of pretrial release.

The project, in co-operation with Latvian non-governmental organizations (NGOs) and local governments, is in the process of establishing pilot “Bail Supervision Schemes” to demonstrate a potentially effective pretrial release program. It is envisaged that the pilot Bail Supervision Schemes would, if successful, be eventually included in the functions of a much-needed probation service, which has recently been approved. The first probation office is due to open in mid-October 2003. The probation service will initially be comprised of a central office in Riga and six pilot areas to open in a phased manner.

• Public Awareness

Public attitudes can profoundly influence the extent to which pretrial detention is used. Accordingly, it is essential that the project’s activities are accompanied by an effective campaign to raise public awareness and generate debate about the social costs of excessive pretrial detention, and the advantages of non-custodial alternatives.

Partners

Latvian Ministry of Justice
Latvian Ministry of the Interior
Latvian Office of the Prosecutor-General
Providus, Latvia
Soros Foundation—Latvia
Supreme Court of Latvia

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[1] Human Rights in Latvia in 2002, Riga, March 2003, p.10. [back]

[2] Report to the Latvian Government on the visit to Latvia carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 24 January to 3 February 1999, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). [back]

[3] Council of Europe Committee of Ministers Recommendation No. R(80)11 on the Use of Custody Pending Trial. [back]

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