You are entitled and encouraged to complain if you believe that your freedom of assembly or freedom of expression has been unlawfully restricted.

Administrative proceedings

If your right to peaceful assembly has been curtailed by an administrative act, for example, a decision of local government prohibiting you from organising a demonstration, you may contest it with the respective administrative or higher institution or in an administrative court. 

If you succeed, the decision will be overturned, and you will be allowed to proceed with the event. Note that court proceedings regarding the organisation of protests and similar events usually move very quickly so as to allow the court to hear the parties and make a decision before the date set for the event.

During strikes, several important labour rights may be affected. You can complain about these violations to the State Inspectorate.

A strike prohibited by law will constitute an illegal action and the employer will be authorized to demand compensation from the trade union. The amount of damages is assessed in relation to what the employer suffered in connection with the illegal strike. A worker who participated in an illegal strike is also subject to extraordinary dismissal. Furthermore, the employer, in case he considers that the strike is illegal, has the right to seek a court injunction against the illegal strike.

Only a court can declare a strike unlawful. 

If you receive a negative decision on your application to organize a protest, you can appeal against the decision to the Ministry of the Interior within 15 days from the date of receiving the decision.

Police

If you believe that you have been unlawfully held or arrested by the law enforcement authorities during a demonstration, you have the right to file a complaint about the lawfulness of arrest and even request compensation if a violation has been found. If you have been mistreated by the police during your arrest, you have a right to complain about this. 

Constitutional Court

If your right to peaceful assembly is restricted by law and you believe this is in violation of your human rights, you may also complain to the Constitutional Court. The Constitutional Court may accordingly declare the legal regulation restricting your right to protest incompatible with the Constitution.

Complaints to international human rights bodies

If you believe that the violation of your rights has not been remedied by Latvian institutions or courts, you can submit a complaint to international or European institutions, such as the European Court of Human Rights or the UN Human Rights Committee.

Compensation

In some cases, you may be entitled to compensation. For example, if it is found that you have been unlawfully prohibited from organising a meeting and therefore are unable to hold it in time and suffer monetary losses, you may be entitled to compensation. 

Also, the organizer of a gathering of a large number of people in a closed or open space is liable for damage caused by death or bodily injury that someone suffers due to extraordinary circumstances that may arise on such occasions, such as unusual mass movement, general disorder and the like.

Resources

Last updated 17/04/2024