Emars v. Latvia 2015

A father’s fight for justice leads to better police oversight

…the initial investigation into S.J.’s death ought to have been handled by a body which was . . . independent from the [local police].

Judgment of the European Court of Human Rights, February 2015

Background

A grieving father had serious concerns about an investigation into his daughter’s death. He thought police were blocking the murder probe because one of their colleagues was a suspect.

Maigonis Emars’s daughter, S.J., was found dead at her home on 21 May 2004.

Police first treated her death as a suicide, but Maigonis knew S.J. had had no reason to kill herself. He told police he believed she had been murdered.

Two months later, forensic experts uncovered new evidence suggesting foul play in S.J.’s death. Police began a murder probe.

S.J.’s husband, A.J., was interviewed as a suspect. Witnesses had seen his car outside the couple’s home the night before S.J.’s body was found. But A.J. had an alibi. He was a police officer, and colleagues said he had spent the night with them at the local station.

Maigonis was sure that A.J. was involved in his daughter’s murder, and that his colleagues were protecting him. He complained to the authorities, who told him that the investigation was being handled fairly and there was nothing to suggest the police were blocking it.

Later, however, the authorities told Maigonis that two police officers had been disciplined over investigative failures. One of the officers had been charged with a crime because of the way they examined the scene when S.J.’s body was found. The officer was later cleared.

Nobody was ever charged with S.J.’s murder.

Judgment of the European Court of Human Rights

The European court ruled that the investigation into S.J.’s death was neither appropriate nor independent.

Delays meant that the Latvian authorities missed key evidence, the court noted. Moreover, the government had not disclosed details about why the two police officers were disciplined, leading the court to doubt whether the investigation met the standards of the human rights convention.

The court was especially concerned about A.J.’s closeness to those police colleagues, which could “create suspicion as to his involvement and, more importantly, cast serious doubt upon the independence of the investigating officers."

Follow-up

As of 2021, the police had no new leads in the investigation into Maigonis’s daughter’s murder.

However, Latvia had tried to resolve some of the issues noted by the European court in its judgment in Maigonis’s case, including by taking steps to improve the independence of investigations into crimes allegedly carried out by law-enforcement personnel.

In November 2015 a new law came into force, reorganising the Internal Security Bureau, the body that is tasked with investigating such crimes. The new law transferred control of the bureau from the state police to central government.

Latvia also took steps to allow prosecutors to better supervise investigations, including by launching a new information database in 2016.

Themes:

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