2022 m. September 28 d.

The Seimas Ombudsperson recommends improving the decision-making procedure for assigning and transferring convicts to social care sectors of correctional institutions

In her practice, Seimas Ombudsperson Erika Leonaitė encountered cases when convicts were not provided with administrative decisions after their requests were examined by the Commission for the appointment of convicts and their transfer to or from the social care sector of a correctional institution. The convicts were only given copies of the minutes of the Commission’s meeting with a recommendation not to assign them to the requested sector, without specifying how to appeal the decision. After assessing these circumstances, the Seimas Ombudsperson started an investigation on her own initiative, in order to determine whether the Commission’s final decision meets the requirements for an administrative decision set forth in the Republic of Lithuania Law on Public Administration.

During the investigation, it was established that the description of the Procedure for assigning convicts and transferring them to the social care sector of the correctional institution or from this sector (further on – the Procedure) and the actions of the responsible officials are described in sufficient detail in the Procedure when the Commission adopts a Recommendation on the assignment of the convict to the social care sector. However, attention was drawn to the fact that in the description of the procedure there is no clear procedure for making a decision, informing about the decision and appealing the decision, after the Commission has submitted a Recommendation not to transfer the convict to the social care sector of the correctional institution. The Seimas Ombudsperson emphasized that the absence of clear regulations can lead to the formation of faulty practices or inappropriate interpretation of legal acts, as the convicted person does not receive a final decision regarding the examination of his request and transfer/non-transfer to the social care sector.

In the Statement of the Seimas Ombudsperson it is also emphasized that the Law on Public Administration contains the necessary requirements for an administrative decision (such elements as the legal and factual basis of the administrative decision or other circumstances that influenced the administrative decision, the reasons for the administrative decision, the procedure for appealing the decision, etc. must be specified), and the Commission’s Minutes of the Meeting with the Recommendation “to assign/not to assign to the social care sector” do not meet the requirements for an administrative decision. 

The Seimas Ombudsperson stressed that administrative decisions must be made in accordance with the principles of good public administration and the principle of the rule of law enshrined in the Constitution, one of the main elements of which is legal certainty and legal clarity. For this reason, she recommended that in order to prevent future violations related to the right of convicts to receive a clear and reasoned decision and to appeal an unsatisfactory decision, it is appropriate to improve the legal regulation. Moreover, it is appropriate to enhance the description of the Procedure, specifying the actions of institutions of deprivation of liberty and the mandatory decisions to be made in case the Commission adopts a Recommendation not to transfer convicts to the requested sector.

 

 

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