Senate's Department of Administrative Cases heard the case regarding the cancellation of the decision of Māris Kučinskis, the Minister for the Interior, which imposed prohibition for a person to leave the Republic of Latvia.

For the first time, the Senate is examining the issue of the validity and lawfulness of the application of the institution provided for in the National Security Law, namely the ban on leaving the Republic of Latvia.

Section 181 of the National Security Law provides: if the state security institution has provided information that a person outside the Republic of Latvia has planned or may be involved in activities that allow it to be believed that this person will threaten its national security after returning to the Republic of Latvia, the Minister for the Interior can make a decision on the prohibition for this person to leave the Republic of Latvia.

In the present case, based on the information provided by the State Security Service, in accordance with the Section 181, Paragraph two of the National Security Law, the Minister for the Interior imposed a ban on the person to leave Latvia for a period of one year. The decision of the Minister for the Interior states that the person, who is a citizen of Latvia, purposefully carried out activities that were directed against the interests of Latvia's national security. Taking into account the facts stated in the decision, it is also concluded that a person, upon leaving Latvia, may engage in activities that would result in a threat to Latvia's national security upon person’s returning to Latvia.

The applicant considers the decision of the Minister for the Interior to be disproportionate, arbitrary and unlawful and therefore to be annulled.

According to Section 182 of the National Security Law, the Senate shall examine the case in collegial composition as a court of first instance.

The Senate's decision in the case will be available on July 14.

 

Information prepared by the Department of Administrative Cases of the Supreme Court
Additional information: Communication Division of the Supreme Court, tel.: +371 67020396, e-mail: iveta.jaudzema@at.gov.lv