Directions on the Order of Forced Expulsion of Foreigners and Stateless Persons

I General Regulations

1.

The directions have been worked out in accordance with Article 59 of the law "On the Entry and Residence of Foreigners and Stateless Persons in the Republic of Latvia" and the legal foundations of the instructions include the above-mentioned law, the law "On Police", "The Border Law of the Republic of Latvia", decision No, 253 of the Council of Ministers of the Republic of Latvia of May 19, 1993 "On the Order of Granting Residence Permits and Expulsion", "The Regulations on the Order of Granting Temporary and Permanent Residence Permits", decision No. 90 of the Council of Ministers, dated February 19, 1993 "On the Order of Issuing Entry Visas and the Control of the Persons Crossing the State Border" as well as the ratified normative acts connected with it.

These directions establish the order to be observed in the detention and forced expulsion from the country of some categories of foreigners and stateless persons.

2.

State police (Immigration police) carry out forced expulsion from the country of the persons who came under the decision of forced expulsion passed by the director of Citizenship and immigration Department of the Interior Ministry (further referred to as CID) or the head of the section of CID in accordance with the law "On Entry and Residence of Foreigners and Stateless Persons in the Republic of Latvia".

3.

The decision of a person's forced expulsion must state the Article of the law or international agreement on the basis of which a person is to be expelled, information on a person to be expelled, the place and time of detention (if a person has been detained). The likely place of sojourn (if a person has not been detained). If the expulsion order has been appealed against, the results of the legal proceedings, the police institution that has to carry out the decision, the country a person is to be expelled to (if known) must be fixed in the decision of the forced expulsion. It must be stated if a person possesses a document permitting him or her to return to the country of residence, the country from which he or she has come to Latvia or a third country which has given a consent (consented) to accept this person. In case of absence of such a consent the decision should fix whether the issue of a person's expulsion has been co-ordinated with the respective institutions of the respective country (if necessary).

Other family members dependent on the person and who are not citizens of the Republic of Latvia should be listed in the decision.

The decision is presented in 3 copies and signed by the officials or their authorised assistants, mentioned in paragraph 2 of the directions and it bears the seal of the respective office.

4.

If the decision on a person's forced expulsion has been taken with regard to a person who has not voluntarily obeyed the expulsion order (Article 49, paragraph 2 of the law), then the director or the head of the section of the CID makes a special note on the expulsion order, motivating expulsion, stating the No. and date and certifying the special note by his signature and the seal of the office.

5.

Taking the decision on forced expulsion with regard to persons mentioned in Article 53 of the law, the expulsion order with a special note is simultaneously drawn up, as established by paragraph 4 of the instructions.

The expulsion order is drawn up in 3 copies and signed by the director or the head of the section of CID and sealed.

6.

The first copy of the decision of forced expulsion and expulsion order is sent to the surveillance department (section) of CID, the 2nd copy is handed to the per son to be expelled and the 3rd is sent to the territorial or transport police department for carrying out the order. In Riga it is sent to the Immigration Police.

7.

If at the moment the decision on forced expulsion and the expulsion order is being drawn up, the person to be expelled is not at the command of CID, the 2nd copy of the decision on forced expulsion and the expulsion order together with the 3rd copy of these documents is sent to the police institution of the respective country.

8.

The decision on a person's forced expulsion and the expulsion order to be sent to the police institutions must be supplemented by a document permitting the person return to the country of residence or to immigrate to the country to which he is expelled, except the cases fixed in paragraph 10 of these directions.

9.

Before intercountry agreements between the Republic of Latvia and the respective countries regulating forced expulsion of persons have been signed, the national passport or another recognised travel document serves / is regarded / as a return document.

10.

If the detained person has not got a return document, CID immediately sends the Consular department of Ministry of Foreign Affairs a demand to contact through diplomatic channels the respective state institutions in order on the basis the information at the disposal of the institutions of the Republic of Latvia to request the following:

10.1.    to certify if the person is a citizen of the respective country;

10.2     . if necessary, to provide the person with a valid document;

10.3     . to render assistance tackling the issue of the possibility to expel the person to his on her country of residence or the country from which the person has illegally come (immigrated) to Latvia, as well as to render help in obtaining the necessary emigration documents (visas);

11.

In the demand must be enclosed the person's form, 2 photos, finger prints (if there is information of a person being convicted) 7 as well as proofs (information) that the person has immigrated (arrived) from a respective country. CID informs the Immigration Police of the demand sent to the Consular department. If necessary, CID may charge the Immigration Police with the tasks to verify the identity and personality of the person to be expelled.

12.

The Consular department on receiving the documents and the demanded data sends it to CID, which in turn, without delay, sends it to the police office which has received the decision on forced expulsion and the expulsion order.

13.

Immigration Police in cooperation with the territorial (transport) institutions of state police and, if necessary, with the Consular department of the Ministry of Foreign Affairs verify the personality data.

For this purpose the police offices can take photographs of the expellee, carry out dactyloscopy, check the data bank of the Information centre of the Interior Ministry, demand explanations, information from Central national bureau of Interpol in the Republic of Latvia on authorised institutions of other countries etc.

14.

Contact with authorized institutions of other countries to verify personality data are kept by the department of the Immigration Police in accordance with the agreements signed between the Republic of Latvia and the Interior Ministries of the respective countries or through the Central national bureau of Interpol in Latvia or the Consular department of the Ministry of Foreign Affairs.

15.

The Central national bureau of Interpol in Latvia submits the information on the demand whether the person in question is not in international search within 5 days counting from the day on which the demand has been received.

16.

On receiving the decision on forced expulsion and the expulsion order the department of the Immigration Police in contact with other police offices organises or itself detains the expelled (the person to be expelled). On mutual agreement with the Land Guard or the Municipality Police the detention of the expelled can be earned out by the officials of these institutions in accordance with the law "On the Entry and Residence of Foreign Citizens and Stateless Persons in the Republic of Latvia".

17.

The policeman on duty draws up a report on the detention of the expellee fixing the data of the detained person, the decision, on the basis of which he (she) has been detained, the time and place of detention, the time when the detained person was brought to the police station, personal things that have been taken away, his (her) applications etc.

18.

A separate report is drawn up on every detained person except the minors who have been detained together with his (her) breadwinner. In this case the minor is entered in the report of the breadwinner, his (her) personal things being pointed out separately.

19.

The persons detained in Riga are kept in custody in the reception and accommodation post of the order Police of the Chief Police Department, but in other towns and districts in short term custody of the local police stations or in specially arranged rooms (premises) for detention of the expelles until the Expulsion Order is carried out or the decision on the person's release has been received.

20.

The detained persons are kept separately from the persons who are suspected of criminal offences and separately from the persons detained under administrative means, observing the conditions under which the persons detained under administrative means are kept, however, within the limits of possibility - every family is kept in a separate room. Children under 18 are kept together with their parents.

21.

If the expellee has minor children or other charges - aliens on stateless persons they are detained and expelled together with their breadwinner - (regardless of their legal or illegal arrival in the country).

The decision on forced expulsion (the expulsion order) does not apply to the family members who are the citizens of the Republic of Latvia.

22.

Without delay, the detained person is made to sign the decision on forced expulsion from the country and is explained the essence of the documents and she (he) receives a copy of the decision and the expulsion order (of they had not been received in CID). If the person refuses to sign the decision and the expulsion order, the official makes a special note on the decision and the expulsion order, giving the detained person a chance to state the reasons of refusal in written form.

23.

Simultaneously with making the detained person aware of the decision on forced expulsion and the Expulsion Order he / she is explained his / her right to appeal to the direction of CID within 3 days, except in the cases stated in paragraph 49 of the law "On Entry and Stay of Aliens and Stateless Persons in the Republic of Latvia".

24.

The detention of the person is to be reported within 24 hours counting from the time the person has been taken into custody by sending one copy of the detention report

24.1.    to the general prosecutor of the respective district (town).

24.2.    to the surveillance section of CID on the territorial section which has prepared the expulsion order on the decision an the person's forced expulsion from the country.

25.

From the time the detained person has been into police custody (point 12 of the directions he / she passes under the command of the Immigration Police.

26.

At the request of the police institutions (or on their own initiative) the Environs mental Health Centres of Welfare Ministry operating in the respective territories with in the limits of their competence, see to the hygiene in the detention places, give consultations, provide microbiological check-up of persons and environmental objects if necessary;

carry out the final disaffection in case of an outbreak of infection, take concrete antiepidemic measures to improve the situation.

The chief (the manager, the head) of the accommodation premises of the detained persons takes full responsibility, of the above mentioned activities.

The detained persons have the right to call a doctor and get first aid treatment.

The district (town) state or municipal health institutions ensure first aid treatment to the detained persons.

27.

The police office (institution) ensures the preservation of the personal things of the detained person in accordance with the existing laws and normative acts.

The detained persons, from the moment of detention, have the right to contact a lawyer or to receive legal advice and appeal against the decision on expulsion in accordance with paragraphs 41 and 53 of the law.

The appeal complaint lodged according to the procedures established by law stops the execution of the Expulsion Order until a respective decision on the check-up of the results has been taken.

28.

The director of CID within 5 days, counting from the day the appeal has been received, reconsiders the appeal and takes one of the following decisions:

28.1.    declines the appeal, keeping in force the former decision on the person's expulsion;

28.2.    cancels the decision on the person's forced expulsion and takes the decision to release the person.

29.

The decision of the director of CID to cancel the decision of the person's forced expulsion and the release of the person is carried out without delay.

30.

Of the appeal has been declined, the decision can be appealed against at court within 7 days in the place of the location of CID, except the cases established (set) in paragraph 49 of the law, i.e., if the person has not followed the expulsion order voluntarily and has not appealed against the decision in the order fixed by law or if the (established) appeal has been declined.

31.

The person can be released or expelled from the country only after the verdict comes into force.

II Regulations on a Person's Detention Prior to Taking Decision on His / Her Forced Expulsion.

32.

According to the law "On Entry and Stay of Aliens and Stateless Persons in the Republic of Latvia", paragraph 53, the State Police have the right to detain a person prior to taking the decision on expulsion for a period up to 3 days and up to 10 days, if the public prosecutor has been notified:

32.1.    in case the person has arrived in the country illegally;

32.2.    in case a person has deliberately given (submitted) false information to authorised institutions to obtain a visa or Residence Permit;

32.3.    authorised state institutions have a good reason to suspect that a person is going to hide or has no fixed place to stay at in the country;

32.4.    authorised state institutions have well- founded suspicions that a person creates threat to public order and security or state security.

33.

The persons listed in point (paragraph) 32 of the directions are detained on the basis of the decision (appendix No 3) which is drawn up by an official of the state Police and certified by the head (assistant) of the police office. The information on the detained, detention place and time, the detention purpose (the respective point of article 53 of the law "On Entry and Stay of Aliens and Stateless Persons in the Republic of Latvia) and the institutions the detained is likely to be kept must be mentioned fixed in the decision.

The detained is made aware of the decision and he / she is explained the rights provided by the directions.

A copy of the decision is sent to the district (town) prosecutor by the police office.

The person is detained and kept in custody following point 19 of the instructions and observing the requirements set in points 20 - 27.

34.

The person's detention is immediately reported by the state police, sending detention copy of the decision to the surveillance section of CID or the territorial section as well as Immigration Police (if the detention was carried out by the territorial (transport) police institution).

35.

If the person prior to the detention has been detained for hooliganism, vagrancy or other offence (point 32 of the directions) and is in custody in some interior institution, the time is excluded from the 10 days term.

36.

CID or an authorised official of its section within 10 days from the detention moment in accordance with article 53 of the law "On Entry and Stay of Aliens and Stateless Persons in the Republic of Latvia" takes the decision on the person's forced expulsion or release.

37.

The decision on the person's release is carried out without delay, making him / her aware of the decision and certifying it with the signature.

38.

In case the detained person has no identifying documents the Immigration Police act according the requirements of points 13 - 15 of the directions.

39.

If the decision of the detained person's forced expulsion has been taken, the Immigration Police carry out the expulsion in the order set in chapter IV of the instructions.

III Regulations to Be Observed Expelling Persons on the Expiry of Their Prison Term in the Places of Imprisonment.

40.

The offices of the places of imprisonment notify the surveillance section of CID in writing of the persons serving their time and having (containing) an additional penalty in their verdict, expulsion from the country - 3 months before their prison term ends.

41.

The information on the persons who are not citizens of the Republic of Latvia is sent to the Immigration section of CID by the offices of the places of imprisonment 6 months before the end of their prison term regardless of the penalty fixed.

42.

The person's surname, first name, patronymic, the year, date and the place of birth, citizenship, the place of residence prior to imprisonment (at the time of committing criminal offence), the place of residence of the closest family members, personality identifying documents in the person's file (if missing - 4 photos are to be enclosed) and other data which may be of importance when carrying out expulsion, are to be entered in the Statement (appendix No. 4).

The Statement is to be supplemented by the verdict certified according to the procedures established by law.

43.

If the conditioned before end - of - prison term discharge or the substitution for a less severe penalty is applicable to the persons mentioned in point 41 of the directions according to Article 50 of the Criminal Code, then the offices of the places of imprisonment notify CID of the time the person was discharged (the penalty substituted for a less severe) and the address of the place the person left for.

The territorial offices of the State police within a month notify the Citizenship and Immigration Department of such a person's arrival at his / her place of residence in accordance with the requirements set in point 42 of the directions.

44.

As regards the persons mentioned (listed) in point 40 of the directions, the Citizenship and Immigration Department prepares (arranges) the Expulsion Order with a note of forced expulsion according to point 4 of the directions; referring to the persons mentioned in point 41 and 43 of the directions, the Department reconsiders the question of their expulsion from the country or on entering them in the Civil Register.

45.

If the expellee has no document enabling him / her to return to the country of his / her residence, CID acts / carries out activities according to point 10 of the directions, but the Immigration Police department verifies the data on the person, if necessary.

46.

The documents, prepared by CID, on forced expulsion are sent to a police office in accordance with point 6 of the directions, informing in writing the office of the place of imprisonment and the Department of the places of imprisonment - for control.

47.

The department of the Immigration Police informs in writing the office of the place of imprisonment to what listed in point 19 of the directions, the person is to be taken after the expiry of the prison term.

48.

On the expiry of the prison term the expellee is delivered from the place of imprisonment and handed over to the police by the escort of Guard regiment in accordance of the instructions of Immigration Police.

Such persons are detained and kept in the offices (institutions) mentioned in point 19 by the police following the requirements set in points 20 - 27 of the directions.

IV The Order of Carrying Out the Forced Expulsion of Foreign Citizens and Stateless Persons

49.

Person's forced expulsion from the country is organised / arranged and carried out by the Immigration Police in coordination with territorial (transport) police institutions and those of Traffic Ministry.

The directions of the Immigration Police Department on escorting the expellees to the check-point of tile state border, fixed in the order on the person's forced expulsion from the country, or to the reception and accommodation post of the Riga Chief Police Department or any other police department (station) are compulsory to all the police institutions where the detained are kept in custody.

50.

The person is to be expelled to the country pointed out in the Expulsion Order and in the decision on forced expulsion.

51.

The Immigration Police Department agrees in advance with the administration of the Border Guard on the border check-point across which expulsion is to be carried out as well as the date and the time of expulsion.

52.

If the person is expelled by making him (her) board the train, the plane on the ship, the price of the ticket and other expanses related to expulsion are covered by the expellee or the expanses are exacted from the physical on legal person who has invited the expellee. If that is impossible, the expenses are covered by the Interior Ministry from the funds allocated for this purpose in the state budget.

53.

If in accordance with Article 43 of the law "On the Entry and Residence of Foreign Citizens and Stateless Persons in the Republic of Latvia" the expulsion expenses are to be covered by the transport firm (company) which has allowed the expellee to enter Latvia with invalid, incorrect on without respective travel documents then the Immigration Police in coordination (cooperation) with the Ministry of Transport exact the sum of money from the firm (company).

54.

The expelle can be escorted to the border checkpoint by the transport of police office or Guard regiment, the transport used to escort persons under arrest, but separately from the latter. If necessary, the expellees can be taken to the border checkpoint by other means of transport (vehicles) or condition that the security of these persons is not endangered.

A special van for transporting convicts may be used to escort these persons ensuring the Guard regiment of Interior Ministry.

55.

On escorting to the border checkpoint the expellee is handed over to the border guard officials of the neighbouring country in the presence of the police officials of the Border guard Forces. The official of the Border Guard makes a note of expulsion (handing over to the border guards of the respective country) on both the copies of the expulsion order, stating the date and the exact time. One copy of the expulsion order with the respective note is forwarded by the police to the surveillance section of CID or the territorial section (to be handed over to the Surveillance section), but a second copy is forwarded to the Immigration police Department.

56.

If the expellee is not accepted by the border guards of the neighbouring country, the reasons of refusal must be found out on the spot. The police officers have to take the person back to the police institution of his (her) detention prior to escorting. Information in written form is to be sent to the director of Citizenship and Immigration Department and the official person who had taken the decision on the person's forced expulsion from the country, as well as to the public prosecutor of the district (town). From this time on the expellee passes at the command of the Citizenship and Immigration Department.

57.

Within 3 days time the director or the head of the section of CID takes one of the following decisions:

57.1.    cancels (stops) the decision and the order on forced expulsion;

57.2.    issues the order to continue keeping the expellee in the detention place and takes additional measures to do away with the obstacles that hindered expulsion.

58.

Without delay, CID informs the Immigration Police Department and the police institutions (office), in whose premises the expellee is kept in custody, of the results of the additional measures taken, and provides the Immigration Police with additional supplementary documents (if such has e been obtained) and makes arrangements for repeated expulsion or sends the cancelled decision on forced expulsion and the decision on the release of the person.

Approved by:
State secretary of the Ministry of Foreign Affairs
State secretary of the Transport Ministry
State secretary of Welfare Ministry
State secretary of Finance Ministry
The commander of Borderguard Brigade of the Ministry of General Procurator of the Republic of Latvia