International law and its relation to domestic law

An international treaty shall enter into force when the Latvian parliament (Saeima) ratifies it with a special law of ratification. If Latvian legislation is in conflict with an international treaty ratified by the parliament, the provisions of the treaty shall apply. (Article 13 on the Law on International Treaties of the Republic of Latvia)

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International law and its relation to domestic law

An international treaty shall enter into force when the Latvian parliament (Saeima) ratifies it with a special law of ratification. If Latvian legislation is in conflict with an international treaty ratified by the parliament, the provisions of the treaty shall apply. (Article 13 on the Law on International Treaties of the Republic of Latvia)

FREEDOM OF ASSEMBLY

Legal framework

The state shall protect the freedom of previously announced peaceful meetings, street processions, and pickets (Article 103 of the Constitution of the Republic of Latvia, adopted on 15 February 1922, most recently amended in 2003). The Law “On assemblies, meetings and pickets” (Entered into force on 1 February 1997. Hereinafter referred to as the Law) covers issues pertaining to freedom of assembly.

Types of assemblies defined and protected in domestic law

The Law provides protection for meetings, street processions, and pickets:

- A meeting is an organized assembly for the purpose of expressing ideas and points of view. Meetings include gatherings, rallies, and other similar forms of assemblies;

- A street procession is an organized gathering that moves along roads, streets, squares, paths, or other areas constructed for traffic, the purpose of which is to express ideas and points of view. Street processions include demonstrations or other similar forms of moving gatherings.

- A picket is a gathering during which one or more persons hold placards and express ideas or opinions in a public place; usually, no speeches are made. (Section 1 of the Law)

The Law does not apply to the following types of gatherings:

- Advertising and recreation events that are organized by groups or companies in their own or rented premises;

- Events organized by registered religious groups in churches, prayer houses, cemeteries, or on church territories or other places provided for such purposes;

- Performances, concerts, sporting events, and other similar events in places provided for such purposes;

- Events organized by private individuals outside public places for recreation, celebrations, or other purposes of a private nature; and

- Funeral ceremonies. (Section 2 of the Law)

Possible limitations/restrictions/conditions, including requirements for notification

No restrictions may be placed on the exercise of the right to hold an assembly except those that are prescribed by law and are necessary in a democratic society in order to defend the interests of national and public security, prevent disorder or criminal offences, and to protect the health or morals of society, as well as to protect the rights and freedoms of others. (Section 3(2) of the Law)

Public order shall be maintained during assemblies. It is prohibited to advocate against the independence of the Republic of Latvia; to make suggestions regarding the overthrow of Latvia's state structure by means of violence; to encourage others to violate the law; to advocate violence, ethnic, or racial hatred, or the ideology of Nazism, fascism, or communism; to spread war propaganda; or to instigate the commission of criminal offences or other breaches of law. (Section 10 of the Law)

There is no requirement to receive permission from the state or local government to conduct an assembly if the requirements of the Law are respected. The assembly organizer shall notify the local government of the location of any planned assembly. If the organizers plan to hold an assembly in more than one territorial division, they shall notify the local government of all the relevant territories. A copy of the notification shall also be submitted to the local police office. Notice shall be given no later than three working days prior to the planned assembly or, if it will be necessary to interrupt traffic, no later than seven working days prior to the planned assembly. Late notifications shall not be considered. (Section 12 of the Law)

An assembly may not be organized if the organizer has not been issued a statement that certifies that the local government has no objections to the organization of the assembly. (Section 16 of the Law)

There is no requirement to submit notification for:

- Closed assemblies;

- Pickets that are not organized or publicly announced in advance;

- Meetings and street processions organized by state institutions and local governments;

- Assemblies organized by members of parliament or local-government councillors and candidates in order to meet with voters;

- Assemblies organized by trade unions at their workplace or in rented premises; and

- Open assemblies organized indoors.

Notification shall be submitted if such an assembly interrupts traffic. (Section 13 of the Law)

Notification shall contain the following information:

- The type of assembly (meeting, street procession, or picket);

- The purpose of the assembly;

- The date of the assembly and its time limits;

- The location of the assembly;

- The planned number of participants;

- The type of support requested from local governments and the police so that the assembly is conducted without interruption;

- The name(s) of the organizer(s) of the assembly;

- The name(s) of the manager(s) of the assembly; and

- The name(s) of the manager’s assistant(s) and of those responsible for keeping order (stewards). (Section 14(1) of the Law)

The organizer of an assembly shall submit his passport along with notification of a planned assembly. The organizer must indicate his given name, surname, personal identity number, and place of residence. Legal entities have to indicate a full name, legal address, and registration number. (Section 14(2,3) of the Law)

Place, route, and time of assemblies

Assemblies may be organized indoors or outdoors. Participation in an assembly may be open or closed. Open assemblies allow anyone who wishes to take part, including members of the media, though restrictions may apply to certain areas used for the assembly. Closed assemblies are not open to the general public but only to those invited. (Section 7 of the Law)

The location and route of the assembly (in case of a street procession) shall be chosen to ensure that traffic is interrupted as little as possible. (Section 8 of the Law)

Assemblies may not be organized closer than 50 metres from the president’s residence, the parliament buildings, the cabinet, courts, prosecutors’ offices, or foreign diplomatic and consular missions. During an assembly, there must be unhindered access to and from state and local-government institutions within the vicinity of the assembly. Assemblies may not be organized on private property without the written consent of the owner or manager of the property. (Section 9 of the Law)

Power to ban assemblies

The chairperson, or his or her authorized representative (hereinafter referred to as a local-government official), of the relevant city council (parish council) shall examine a notification of assembly within three days but no later than 48 hours before the planned commencement of the assembly. The organizer shall be notified of the time of the examination of the notification. If necessary, the police and other interested organizations shall be invited to the examination. (Section 15(1,2) of the Law)

In examining the notification, the local-government official shall verify whether:

- The organizer has complied with the requirements of the Law;

- The assembly will interfere with other assemblies for which notification was submitted earlier; or

- The organization of the assembly, at the intended time and place, will cause significant interruption to the movement of traffic and will threaten public safety or public order. (Section 15(3) of the Law)

If the local-government official determines that the planned assembly meets the requirements of the Law, he or she shall issue a statement for the organizer to certify that the local government has no objections to the organization of the assembly and that it shall take all necessary measures to ensure the uninterrupted conduct of the assembly. Such statement shall be issued without delay. It shall indicate the type, time, and place of the assembly, as well as the names of the organizer and his or her assistants. (Section 15(4) of the Law)

If the organizer has not complied with the requirements of the Law; or if the assembly threatens state or public security, public health or morals, or the rights and freedoms of others by creating disorder or the possibility of criminal offences, the local-government official shall issue the organizer a justified written refusal without delay. The organizer has the right to correct the indicated deficiencies and to submit a new notification. (Section 15(5) of the Law)

If the local-government official decides that the event cannot occur at the time or place indicated in the notification, he or she may propose another time and place. If the organizer agrees to the suggested time and place, a statement shall be issued without delay that certifies that the local government has no objections to the organization of the assembly. If the organizer does not agree to the time and place proposed a justified written refusal shall be issued for the organizer. (Section 15(6) of the Law)

Requirements for organizers; their rights and duties (including liability and penalties)

Everyone except for the following people has the right to organize assemblies (Section 3(1) of the Law):

- Anyone who is below 18 years of age;

- Individuals who are not Latvian citizens, who have the right to a non-citizen passport issued by the Republic of Latvia, or who have been issued a permanent-residence permit;

- Anyone who attempts to use the assembly for activities prohibited in Latvia;

- Anyone who has incurred an administrative penalty for violating the procedures for the organization of assemblies; or

- Anyone who has been recognized as legally incapable. (Section 4 of the Law)

Legal entities may also organize assemblies. In such a case, the legal entity shall appoint one or more organizers responsible for the assembly. (Section 5 of the Law)

The organizer/manager of an assembly and his or her assistants are liable for compliance with the provisions of the Law and for maintaining order during the assembly. Speeches may be made only with the permission of the organizer or his or her assistants. (Section 20(1,3) of the Law) Audio recording, taking photographs, and filming are all permitted during an assembly. (Section 22 of the Law)

An assembly may begin only when the organizer/manager, his or her assistant(s), and the steward(s) have arrived. The organizer shall be in possession of a written statement from the local authorities that certifies that the local authorities have no objections to the organization of the assembly. The organizer shall present this certificate to a representative of the local government or a police officer upon request. The steward(s) shall be in possession of an identification document issued by the organizer of the assembly and shall present it to a representative of the local government or a police officer upon request. Stewards shall wear clearly visible signs. (Section 18 of the Law)

The organizer/manager is required to have at least two assistants if the planned number of participants exceeds 100. The organizer will determine the necessary number of stewards in order to ensure the peaceful and organized conduct of the assembly. There must be at least two stewards for every 100 participants. The organizer has the right to use different stewards after the submission of notification, as well as to increase their number. A licensed security company may be invited to maintain order. In such a case, the company will determine the number of stewards, but this information need not be indicated in the notification. The organizer of the assembly and his or her assistants shall sign a notification that they assume liability for the observance of the Law during the assembly. (Section 14(4-8) of the Law)

The organizer/manager of the assembly, his or her assistants, and participants shall be held liable for non-compliance with the provisions of the Law. (Section 25 of the Law)

Requirements for participants; their rights and duties (including liability and penalties)

Everyone has the right to participate in assemblies (Section 3(1) of the Law):

Participants of an assembly are prohibited from:

- Being in possession of weapons or other articles that may be used to cause bodily injury or damage to property;

- Wearing such means of protection as helmets, body armour, or other similar articles;

- Wearing masks;

- Wearing uniforms or similar clothing in order to express specific political points of view;

- Demonstrating flags, coats of arms, or other symbols of the former Soviet Union, Latvian PSR, or Nazi Germany, or singing or playing their national anthems;

- Performing acts that are contrary to public morals; or

- Acting in such a way as to create a threat to the participants of the assembly or the safety and health of other people. (Section 21(1) of the Law)

Organizers and participants are prohibited from delivering any of the items mentioned in the previous paragraph to the location of a planned assembly, as well as from appearing with those items closer than 500 metres from the location of the assembly. (Section 21 (2) of the Law)

Participants shall avoid activities that may hinder the peaceful and organized conduct of the assembly. They shall follow the instructions of the organizer/manager of the assembly, his or her assistants, stewards, and police officers. (Section 20(2) of the Law)

See also “Requirements for organizers; their rights and duties”.

State and police powers and responsibilities (including liability and penalties)

The state shall ensure not only the possibility of conducting an assembly but shall also ensure that such an assembly is not hindered in any way. (Section 3(3) of the Law)

The local government and/or the police shall monitor compliance with the provisions of the Law during assemblies. (Section 21 of the Law) One duty of the police is to ensure order in public places and to guarantee the safety of people and society. (Article 10 of the Law on the Police of the Republic of Latvia, 1 July 1992) The police shall not allow assemblies that are organized in a manner that is not in accordance with the Law. (Section 24 of the Law)

If participants violate the provisions of the Law during an assembly, the organizer/manager, his or her assistants, and stewards shall either announce the closure of the assembly or request the police or the local government to restore order. If the participants do not obey the instructions of the police or local government regarding compliance with the provisions of the Law, the police or local government shall announce the closure of the assembly and request the participants to leave the location of the assembly without delay. (Section 23 of the Law)

Police officers have the right to use force in order to prevent mass disorder and violations of public order or to stop intentional resistance to lawful requests made by the police or other persons performing similar duties in guaranteeing public order. The type and intensity of force used shall depend on the circumstances, the nature of the violation, and the individual characteristics of the violator, and it shall limit, as much as possible, the harm caused to the violator. (Article 13 of the Law on the Police)

If any suffers an injury as a result of the use of physical force, a police officer is obliged to provide medical assistance to the victims without delay and to report the incident to his or her superior, who shall notify the prosecutor about it. If claims have been received regarding excessive use of force by police officers, an investigation shall be carried out, as a result of which the police officer could face punishment. If a serious offence is committed, a criminal investigation may be initiated. (Article 13 of the Law on the Police)

Victims of police violence may receive compensation in accordance with the procedure provided for in the Civil Procedure Law.

Rights of appeal

A written refusal to hold an assembly issued by a local-government official may be appealed to a court. Similarly, the actions of a local-government official may be appealed to a court if he or she does not examine a notification in a timely manner and in accordance with the procedures specified in the Law. (Section 17 of the Law) The court shall examine the complaint within three days in accordance with the procedures provided for in the Civil Procedure Code of Latvia. (Chapter 24-A of the Civil Procedure Code of the Republic of Latvia)

Analysis was written with the assistance of the Mission of the Republic of Latvia to the OSCE, which completed the ODIHR questionnaire.

Posted in October 2006

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