Lembergs' health is slowly improving, but the Covid test is still positive

Aivars Lembergs' health has improved slightly, but he still tested positive for Covid-19. He continues to be plagued by coughing and weakness, according to the latest information received from his relatives.

For almost two weeks now, A. Lembergs has been in the Covid-19 ward of the Prison Hospital in Olaine. He is awaiting a visit from the Chief Medical Officer, which would bring more clarity about the medical panel that is to decide on a treatment plan for his hernia and spinal deformities.

As explained by his relatives, A. Lembergs is in a closed room with the other Covid-19 patients. Their windows are not opened even for ventilation. He is also deprived of walks in the fresh air that are particularly important for him. While in Riga Central Prison, A. Lembergs took every opportunity to go for a walk in the fresh air, regardless of the weather conditions, which many other prisoners refrain from doing.

It has become known that the Riga Regional Court Judge Sandra Amola has considered yet another request by A. Lembergs' defense to lift the security measure of detention due to his health condition. The defense pointed out that A. Lembergs had been vaccinated against Covid-19 with the Johnson vaccine in prison in the spring of this year, but despite repeated requests, he was never provided with the booster shot until he got infected together with other prisoners. The defense reminds that A. Lembergs' age and chronic illnesses put him at risk of severe disease and subsequent complications. It is reminded that A. Lembergs has not received the necessary health care for a long time; his health condition is deteriorating day by day and he is subjected to constant suffering and pain. Thus, keeping A. Lembergs in detention is undermining his health and creating the preconditions for his inability to participate in the hearings scheduled to resume on January 24 next year due to his health problems.

Judge S. Amola, having assessed the arguments put forward in the application, decided that the request should be rejected.

The judge justified her decision, inter alia, as follows: "Pursuant to Section 281(5)(1), (2) of the Criminal Procedure Law, an application for revocation or modification of detention or assessment of the necessity of its continued application after the referral of the case to the court of appeal prior to the commencement of the trial may be made only if health or family circumstances have arisen which may justify the revocation or modification of detention and these facts are documented; and if the trial is fixed for more than two months after receipt of the case by the court."

The judge explained that "the court has no information that the defendant's state of health has deteriorated to such an extent that the security measure imposed should be revoked or modified".

S.Amola considers that A. Lembergs is currently in a medical institution and therefore "there is no reason to believe that the accused is not receiving the necessary medical care. The suggestion made by the defense counsel that a prolonged period of recovery and rehabilitation is foreseeable for Aivars Lembergs following recovery from Covid-19 cannot be a ground for lifting the security measure. The judge of the Court Chamber draws attention to the fact that Aivars Lembergs is scheduled for a medical advisory committee at the Latvian Prison Hospital, during which the accused's state of health will be assessed in accordance with the criteria of Section 116 of the Sentence Execution Code of Latvia and Section 640 of the Criminal Procedure Law. The judge of the Court Chamber is of the opinion that no information has been obtained at this time that Aivars Lembergs has developed any health problems that could be grounds for lifting or amending his detention."

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