Due to newly discovered circumstances, the court resumes the criminal proceedings and refers case for re-examination
8 December, 2017
On 8 December, at the hearing, the Supreme Court upheld the request of Prosecutor K. Petrovska of the Prosecutor's Office of Riga District Court to annul the decision of the Supreme Court Senate of 17 March 2006 and the judgment of the Chamber of Criminal Cases of the Supreme Court of 5 January 2006 in part regarding conviction of a person pursuant to Section 320, Paragraph two of the Criminal Law, the renewal of criminal proceedings and the referral of a case for re-examination before the court of appeal. Motivated decision of the Supreme Court will be available on December 15.
The prosecutor stated in the decision of 31 July 2017 that the judgment of the European Court of Human Rights of 2 December 2014 in case T. v. Latvia violated Article 6, Clause 1 of the European Convention on Human Rights. In the opinion of the Prosecutor, in accordance with Section 655, Paragraph two, Clause 5 of the Criminal Procedure Law, the judgment of the European Court of Human Rights of 2 December 2014 in case T. v. Latvia (application No 3082/06) is to be recognized as a newly discovered circumstance.
At the hearing, the prosecutor upheld her request, stating that, when re-examining the case, the court will have to examine the fact whether the person has been instigated to commit a criminal offense.
At the hearing the convicted person listed infringements of the rights, that he thought were committed when gathering evidence and that were analyzed in the judgment by the European Court of Human Rights, and asked the court to annul all judgments of convictions and transfer the case for pre-trial investigation.
Information prepared by Baiba Kataja, the Press Secretary of the Supreme Court
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