The extradition of a citizen of Latvia abroad is directly prohibited by Article 98 of the Satversme. But – if it’s not allowed, but there’s a strong desire, then it’s possible! Exceptions to the rules are currently being discussed in the Saeima. Moreover, they will be extradited from Latvia not even to an EU country.
This Also Concerns Non-Citizens
The law on the extradition of citizens of Latvia to the United Kingdom of Great Britain and Northern Ireland explicitly states in its Article 3 that it does not concern those who have found themselves on the Misty Albion, but those residing at home: "A citizen of Latvia who is in the Republic of Latvia may be extradited to the United Kingdom of Great Britain and Northern Ireland on the condition that he will be returned to the Republic of Latvia to serve the imposed sentence if he requests it himself."
Article 5 extends the extradition to subjects of the Law on the Status of Former Citizens of the USSR who do not have the citizenship of Latvia or any other state.
"The draft law was developed based on the initiative of the Ministry of Justice," states the annotation to the regulatory act. "The draft law takes into account the existing legal situation and the opinion of institutions involved in international legal cooperation regarding the possible extradition of nationals of the Latvian state to the UK."
It’s Hard to Refuse London
The European arrest warrant, which served as a legal basis for London to prosecute citizens of other member states for two decades, ceased to be effective on December 31, 2020. A series of bilateral negotiations began, with countries such as Germany, France, Greece, Finland, Sweden, Slovakia, and Slovenia stipulating special conditions for bringing their citizens to trial in Britain.
Latvia also initially intended to defend the rights of its citizens, but during the long tenure of Minister of Justice Inese Lībiņa-Egnere ("New Unity"), it evidently decided to cater to one of its main strategic allies. Similarly, Latvian citizens can be extradited to the United States...
Regarding the latter country, a lot of noise was made 10 years ago by the case of the "Imanta hacker" Denis Chalovskis, who was accused of cybercrimes, captured at home, and then taken to America. He later struck a deal with the overseas judiciary, was released, and received about 5000 euros in compensation from Latvia by the ruling of the European Court of Human Rights.
Now: "Both representatives of the Prosecutor General's Office and the State Police noted that the extradition of Latvian citizens to the UK should be permitted to ensure the principle of inevitability of punishment."
Poor Our Lawyers
Now the defense of Latvian citizens will have a hard time. While in Europe the main source is the law (codes), in Britain the law matters, but the foundation is judicial precedent; decisions of higher courts on similar cases that are mandatory for other courts to follow.
A European judge is an official who applies code norms to specific situations. An English judge essentially creates law, forming new rules through their decisions.
The same applies to contractual law: in continental Europe, contracts are regulated by strict legal norms. English law is based on absolute freedom of contract – parties can stipulate almost any conditions, and the court will protect them, as the law does not limit commercial imagination...
Moreover, the United Kingdom does not have a single Constitution – the Fundamental Law consists of separate constitutional acts, judicial decisions, and traditions. And, while in Europe laws are divided into strict branches (criminal, civil, administrative), in English law there is no such clear division; historically, the division into "common law" and "equity" is more important.
The Case is Political
Independent deputy Aleksandrs Kiršteins noted that 12,123 people were arrested in just one year on the Misty Albion for so-called "hate crimes." In total, over 137,000 such cases were registered! What has happened to the balanced British?
According to the politician, such acts are not considered crimes in Latvia or in other countries. Ordinary posts on social media, statements in online discussions, which have been classified as racism, homophobia, or calls for violence, can be qualified as such.
– This is a controversial point in British legislation that threatens Latvian citizens, – emphasized A. Kiršteins. For comparison: in Germany, prison can threaten only for Holocaust denial – while across the ocean, all statements are protected by the 1st Amendment to the U.S. Constitution, which guarantees freedom of speech. The only thing that is criminalized is calls to kill someone.
In Europe, there is an increasing discourse that the UK is no longer a democracy but a "new form of authoritarianism."
We – to Them, They – to Us
Dace Malniece, an expert from the Ministry of Justice, expressed that A. Kiršteins' proposal to remove so-called hate crimes from the list of crimes for which extradition is intended "unjustifiably narrows" the number of criminalized acts.
Mārcis Vilūms, acting chief prosecutor of the International Cooperation Department of the Prosecutor General's Office, claims that human rights are taken into account when checking warrants from the UK.
– Every person has the right to defense; attention is paid to every detail.
Extradition is a two-way street, and Latvia itself requested the extradition of criminals from the UK 77 times from 2020 to 2024. In turn, the English have only requested it twice.
Nevertheless, most deputies rejected A. Kiršteins' proposal, which objectively defended the interests of Latvian citizens. Inara Mūrniece (National Alliance), the chairwoman of the Foreign Affairs Committee where the draft law was discussed, abstained.
Sentence for Sausage
For her part, former Minister of Defense and Speaker of the Saeima I. Mūrniece was quite interested in what monetary value of theft would now lead to the extradition of Latvians to the Anglo-Saxons. Mr. Vilūms reported that, unfortunately, our compatriots quite often steal alcohol, primarily whiskey, averaging 60 euros. But "in practice, Latvians are rarely requested to be extradited for 1 bottle."
However, after the introduction of a visa-free regime between the UK and Poland, mass thefts of sausage by Polish citizens became common. Warsaw even had to send a military plane for the extradition of its thieves.
"We want these people to receive their punishment," summarized chief prosecutor Vilūms. Meanwhile, deputy Kiršteins noted the asymmetry between punishments for sexual offenses against children in Latvia and abroad, including the UK: "there is no unified system."
Regardless, the draft law on extradition has been approved for consideration at the Saeima plenary session in the second reading.
PRISONS
According to the UK Ministry of Justice, the occupancy rate of prisons in the United Kingdom is about 105%. Over 70% of prisons are recognized as overcrowded, and several detainees are often held in single cells (with an open toilet).
