NHRI activity in 2022

In the exercise of its functions as a national human rights institution, the Seimas Ombudspersons’ Office (the Office) continued to pay close attention to ensuring the rights of migrants in 2022: it provided comments and suggestions on the improvement of draft laws submitted for approval, took part in discussions and deliberations, monitored the situation of human rights and freedoms in the registration centres of foreigners, and drew the attention of Lithuanian institutions and the public to the gaps in the guarantee of the rights and freedoms of foreigners.

In view of the need to strengthen environmental democracy, the Seimas Ombudspersons’ Office conducted a study on the implementation of the public right of access to justice in environmental matters in Lithuania. It also provided information to international organisations on the implementation of Lithuania’s international human rights obligations, commented on proposed amendments to legislation within its competence, and organised training for staff in places of deprivation of liberty and social care institutions on the implementation of human rights standards in their work with people living in these institutions. For the fifth consecutive year, the Office contributed to the organisation of the National Human Rights Forum to commemorate International Human Rights Day. In 2022, the Seimas Ombudsperson Erika Leonaitė and/or employees of the Office participated in 9 meetings of the Seimas Committee on Human Rights and 1 meeting of the Seimas Committee on Legal Affairs, where they spoke on topical issues related to the guarantee of human rights and freedoms and were familiarised with the information presented during the meetings.

Activities of the Seimas Ombudspersons’ Office in the reporting year:

The Seimas Ombudspersons’ Office carried out human rights monitoring in Lithuania and drafted reports on the human rights situation (Article 192 (2)(1) of the Law on the Seimas Ombudsmen (hereinafter – the Law))

  • On 3 March 2022, the meeting was held with Virginijus Kulikauskas, Director of the Prison Department (now the Prison Service) under the Ministry of Justice of the Republic of Lithuania. During the meeting, the Seimas Ombudspersons reviewed the problems identified in the complaints received by the Seimas Ombudspersons’ Office, also discussing preventive measures to reduce violence in places of deprivation of liberty, and resocialisation programmes for prisoners. 
  • On 10 March 2022, the Seimas Ombudsperson Erika Leonaitė and employees of the Seimas Ombudspersons’ Office met with representatives of the international non-governmental organisation Amnesty International. The meeting discussed the challenges posed by irregular migration across the Belarusian border in Lithuania. The representatives of the above-mentioned organisation were interested in the problems of migrants accommodated in foreigners’ registration centres. The Seimas Ombudsperson presented the problems related to irregular migration in the national reports on the prevention of torture and discussed the reactions of state institutions and the public to the reports, as well as the prospects for the implementation of the recommendations contained therein.
  • On 16 March 2022, Erika Leonaitė, Head of the Seimas Ombudspersons’ Office, emphasised at the meeting of the Seimas Committee on Human Rights that many systemic problems persist at the Foreigners’ Registration Centres, such as the insufficient and formal provision of state-guaranteed legal aid, long-term de facto detention without an assessment of individual circumstances, the lack of information and the uncertainty of the future, which not only lead to psychological problems and growing tension at the places of detention, but also show lack of guarantee of the fundamental rights of the migrants present in Lithuania so far.
  • On 4 April 2022, taking part in a remote conference organised by the Prison Department (now Prison Service) on “The activities of collective councils of convicts and their significance in prisons”, the Seimas Ombudsperson Erika Leonaitė discussed the most common problems hindering resocialisation that come to light in the complaints of convicts. One of the main problems identified was a professional culture geared towards strict enforcement of restrictions, with insufficient attention to reintegration. E. Leonaitė also expressed hope that councils of convicts would become a tool for solving problems in places of imprisonment, involving prisoners’ representatives in the search for solutions and seeking compromise solutions based on dialogue.
  • On 3 May 2022, the situation in places of deprivation of liberty and the need to create more opportunities for different forms of employment for prisoners was discussed at a meeting with representatives of the Ministry of Justice and the then Department of Prisons. The problems raised by prisoners in their complaints concerning the availability of food supplements to supplement their diet were also discussed.
  • On 1 June 2022, the Seimas Ombudspersons Erika Leonaitė and Milda Vainiutė, together with the Ombudsperson for Child’s Rights Edita Žiobienė and the Equal Opportunities Ombudsperson Birutė Sabatauskaitė, participated in a meeting with the President of the Republic of Lithuania, His Excellency Gitanas Nausėda. The meeting focused on the steps to be taken to make life better and safer for children in Lithuania. The issues of gearing the environment and provision of services to children with disabilities and their families were discussed, also talking about the challenges faced by families of people who have illegally crossed the border into Lithuania, as well as by mothers with children who have fled hostilities in Ukraine. The meeting also discussed other topical human rights issues, highlighting the challenges and opportunities for protecting the rights of vulnerable persons.
  • On 1 June 2022, the Seimas Ombudsperson Erika Leonaitė, together with representatives of the Seimas Committee on Human Rights, the Ministry of the Interior, the State Border Guard Service, the Migration Department, the Ministry of Social Security and Labour, Caritas Lithuania and the Lithuanian Red Cross Society, took part in a discussion at the Centre for Civil Education on the topic of “Possible Solutions Having Opened Up the Gates of the Migrants’ Camps”. The discussion focused on the prospects for migrants once restrictions on their movement are lifted, i.e. when they are allowed to leave the foreigners’ registration centres.
  • On 2 June 2022, the Seimas Ombudspersons Erika Leonaitė and Milda Vainiutė and the staff of the Seimas Ombudspersons’ Office participated in an international roundtable discussion organised by the Seimas Ombudspersons’ Office in cooperation with the Office of the Equal Opportunities Ombudsman and the Lithuanian Gay League, which focused on the role of ombudsmen in the promotion and protection of the rights of LGBTQ+ persons. The event took place in the context of the Baltic Pride 2022 festival and aimed not only to draw attention to the challenges in the implementation of LGBTQ+ human rights, but also to jointly seek solutions to change the current situation. Representatives of ombudsmen’s offices from Norway, Finland and Estonia participated in the discussion and shared their good practices and challenges. During this meeting, the Equal Opportunities Ombudsperson Birutė Sabatauskaitė, the Seimas Ombudsperson Erika Leonaitė, the Norwegian Equality and Non-Discrimination Ombudsperson Bjørn Erik Thon, and the Finnish Non-Discrimination Ombudsperson Mirka Mokko signed a statement expressing their support for LGBTI+ persons, calling on the responsible authorities to: adopt the Law on Civil Union, which, once in force, would provide same-sex families in Lithuania with at least minimum legal guarantees; to include gender identity and gender expression as grounds for non-discrimination in the Law on Equal Opportunities with an aim to ensure that transgender and non-binary people are legally protected from equal opportunities violations; to ensure that transgender people receive the personal health care they need in a way that is respectful and does not undermine the dignity of the individual; to ensure that law enforcement authorities protect LGBTI+ people without discriminatory attitudes, are able to effectively identify and prevent hate crimes based on sexual orientation and/or gender identity; to provide safe and inclusive education for LGBTI+ children and young people; and to encourage the society to respond to cases of discrimination and/or harassment on the basis of sexual orientation or gender identity.
  • On 15 June 2022, the Seimas Committee on Human Rights debated a proposal to grant the right to work to migrants, who do not have asylum status, 12 months after their registration. The Seimas Ombudsperson Erika Leonaitė, who supported the initiative, emphasised that the current 5-year time limit, which was introduced as part of the deterrence policy, could not be considered as a proportionate measure to prevent irregular migration. The Seimas Ombudsperson pointed out that illegal migration flows were under control and that a work permit would not affect the execution of the expulsion decision. On the other hand, not providing migrants in Lithuania with the possibility to legally take up employment would create conditions for their illegal work, as well as increase their risk of becoming victims of trafficking and exploitation, and of being subjected to situations of extreme poverty. Such a situation would not only be unacceptable from a human rights point of view, but would also lead to threats to public order. It would also encourage irregular secondary migration to other European Union countries.
  • On 30 August 2022, a meeting with representatives of the United Nations Refugee Agency (UNHCR) in Lithuania discussed the challenges related to ensuring the right to asylum in Lithuania, the human rights situation in foreigners’ registration centres and the Refugee Reception Centres, as well as further cooperation between the Seimas Ombudspersons’ Office and UNHCR in Lithuania.
  • On 13 September 2022, a meeting with representatives of the then Prison Department was held to discuss the problems raised in the prisoners’ complaints concerning the right to work, the possibilities of resocialisation and the application of the OASys risk assessment methodology in respect of convicts. An agreement was reached with the Director of the then Prison Department Virginijus Kulikauskas that there is a need to better inform prisoners about employment opportunities, including through the use of councils of convicts. Finally, future plans in the field of re-socialisation were discussed.
  • At a meeting of the Seimas Committee on Human Rights held on 14 September 2022, the Seimas Ombudsperson Erika Leonaitė welcomed the substantial implementation of the recommendations on improving the accommodation conditions for migrants and asylum seekers in the Kybartai Foreigners’ Registration Centre, also emphasising problems related to the access of migrants in Lithuania to the right to work, the identification of vulnerability and the availability of psychological support. The Seimas Ombudsperson also drew the Committee’s attention to the problematic aspects of the draft law on the amendment of the Law on the State Border and its Guard Thereof, which aims to legalise the practice of so-called “pushbacks” in times of a massive influx of foreigners at the legislative level.
  • On 30 September 2022, the Seimas Ombudsperson Erika Leonaitė took part in a discussion organised by the Seimas Committee on Human Rights, together with the World Health Organisation (WHO), the Office of the United Nations High Commissioner for Refugees (UNHCR) and the International Organisation for Migration (IOM), on the topic “Are there any alternatives to detention? Standards, health implications and practices”, which highlighted that alternatives to detention are not only necessary from the point of view of respect for human rights, are generally less pricy than detention, but also that alternatives to detention can achieve better results than detention, including in terms of voluntary decisions to return to the country of origin, co-operation with the asylum authority, etc. The Seimas Ombudsperson also stressed the need for alternative measures to detention to be accompanied by horizontal measures, such as the provision of comprehensible information to people on their rights and obligations, provision of effective legal aid and, where possible, case management.
  • On 11 October 2022, the Seimas Ombudspersons’ Office hosted a meeting of the Seimas Ombudsperson Erika Leonaitė and employees of the Seimas Ombudspersons’ Office with representatives of the Ministry of Social Security and Labour, the Disputes Commission under the Ministry of Social Security and Labour, and the Disability and Working Capacity Assessment Office under the Ministry of Social Security and Labour. During the meeting, topical issues related to solutions for people with disabilities were discussed.
  • On 26 November 2022, the Head of the Seimas Ombudspersons’ Office Erika Leonaitė and employees of the Seimas Ombudspersons’ Office discussed with the President of the Supreme Administrative Court of Lithuania (SACL) Skirgailė Žalimienė, Judges Veslava Ruskan and Dalia Višinskienė the implementation of the public’s right of access to courts in the field of environment protection in the practice of the SACL, as well as possible improvement of legal acts in the field of environment. The representatives of the Supreme Administrative Court and the Seimas Ombudspersons’ Office discussed the practice of the Supreme Administrative Court (SAC) in analysing problematic aspects of the application of the United Nations Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention), such as: whether the existing national legislation sufficiently clearly defines the possibilities for the public concerned to access justice on environmental matters in accordance with the Aarhus Convention, and the problems of the legislative framework, also the practice in administrative cases which combined the rights of the interested public and the interests protected by laws.
  • On 12 December 2022, the Seimas Ombudsperson Erika Leonaitė and the Head of the Human Rights Division Vytautas Valentinavičius participated in a meeting with a delegation from the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA), where they provided their opinion on human rights-related matters.
  • On 19 December 2022, the Seimas Ombudsperson Erika Leonaitė and employees of the Office participated in the presentation of the annual report on the monitoring of reception conditions and raised questions related to human rights of foreigners who have illegally crossed the Belarusian-Lithuanian border.
  • On 28 December 2022, the Head and employees of the Seimas Ombudspersons’ Office met with representatives of the international organisation Doctors Without Borders to discuss human rights issues related to the protection of the human rights of foreigners who have illegally crossed the Belarusian-Lithuanian border.
  • In 2022, the Seimas Ombudsperson Erika Leonaitė and/or a representative of the Office participated in periodic inter-institutional meetings organised by the Ministry of Social Security and Labour to discuss issues related to ensuring the rights of foreigners who have illegally crossed the Belarusian-Lithuanian border (accommodation, employment, integration, securing the rights and legitimate interests of children, prevention of violence, etc.) and to present an overview of the situation and the relevant statistical information.

The Seimas Ombudspersons’ Office carried out dissemination of information on human rights and education of the public on human rights issues (Article 192 (2)(2) of the Law)

  • On 14 January 2022, Vytautas Valentinavičius, Head of the Human Rights Division of the Seimas Ombudspersons’ Office, took part in a discussion organised by Steponas Kairys Foundation on “The Migrant Crisis: Challenges for the EU’s Border Security”, as part of the series of events “Conference on the Future of the EU: Lithuania’s left-wing ideas for Europe” Valentinavičius gave a presentation “Can EU borders protect both democracies and humanity?”, where he spoke about the importance of ensuring respect for human rights as part of national security policy priorities.
  • On 25 January 2022, the Seimas Ombudsperson Erika Leonaitė presented the Seimas Ombudspersons’ Office report on the human rights situation at the Kybartai Foreigners’ Registration Centre during the LRT programme “Dėmesio centre” (English: In the Centre of Attention”) and commented on the report at a press conference held on the same day. The Seimas Ombudsperson noted that the living space per person in this sector of the accommodation facility, where the largest number of persons were accommodated, was far too small, and that migrants were not provided with any kind of employment, their access to information about their status and legal pathways was very limited, their right to receive actual rather than formal state-guaranteed legal aid was not guaranteed, and the availability of personal health care services was limited due to the lack of doctors at the centre. The Seimas Ombudsperson concluded that the totality of the circumstances found led to the conclusion that conditions at the Kybartai Foreigners’ Registration Centre amounted to prohibited, inhuman and degrading treatment.
  • On 26 January 2022, Vytautas Valentinavičius, Head of the Human Rights Division of the Seimas Ombudspersons’ Office, Birutė Sabatauskaitė, Equal Opportunities Ombudsperson, and Jurga Greičienė, Deputy Minister of Justice, took part in LRT TV show “60 minučių” (English: 60 Minutes) to review the human rights issues highlighted at the United Nations Human Rights Council in Geneva, where Lithuania presented its third report on the situation of human rights protection.
  • On 27 January 2022, the Seimas Ombudsperson Erika Leonaitė, Deputy Minister of the Interior Arnoldas Abramavičius, Head of the State Border Guard Service Rustamas Liubajevas, lawyer Asta Astrauskienė and Head of the Asylum and Migration Programme of the Lithuanian Red Cross Society Eglė Samuchovaitė spoke on the topic “Can living conditions of migrants be considered torture?” at the LRT programme “Aktualijų studija”.
  • On 9 May 2022, the Seimas Ombudsperson Erika Leonaitė participated in an inter-institutional meeting with the Speaker of the Seimas on assistance to victims of sexual violence in Ukraine.
  • On 12 May 2022, the Seimas Ombudsperson Erika Leonaitė gave a public lecture to the students of Vytautas Magnus University on the institution of the Ombudsman and the role of the Seimas Ombudspersons’ Office in protecting the rights of vulnerable groups.
  • On 26 May 2022, the Seimas Ombudsperson Erika Leonaitė, together with the Chairman of the Seimas Committee on National Security and Defence Laurynas Kasčiūnas, the Member of the Seimas Committee on Human Rights Vytautas Bakas, and the Deputy Minister of the Interior Arnoldas Abramavičius, took part in a Delfi TV programme, which was devoted to the state’s actions in relation to the migrants who were locked up in camps.
  • On 22 June 2022, the Seimas Ombudsperson E. Leonaitė participated in the discussion “Lithuania’s Plan for Migrants” organised by V. Bakas, member of the Seimas, and emphasised Lithuania’s responsibility as a democratic state for all the people in its territory, called on Lithuania to stop building invisible borders in society and to ensure the dignity of every human being. The Seimas Ombudsperson also pointed out that studies and national experiences show that migrants can play an important role in strengthening the welfare state and urged to look at migrants as an opportunity rather than a threat.
  • On 11 July 2022, the Seimas Ombudspersons Erika Leonaitė and Milda Vainiutė took part in a roundtable discussion “Enhancing the Rights of Defendants and Detainees with Intellectual and/or Psychosocial Disabilities”, organised by the public institution VšĮ Psichikos sveikatos perspektyvos (English: Mental Health Perspectives) in cooperation with the Seimas Ombudspersons’ Office. E. Leonaitė emphasised that suspects with intellectual and psychosocial disabilities are one of the most vulnerable groups in criminal proceedings, and that it is therefore important not only to be able to identify suspects’ and defendants’ intellectual and psychosocial difficulties in a timely and appropriate manner, but to also focus on the strengthening of the competences of investigators, prosecutors and judges, which are necessary to ensure the right of such persons to a fair trial.
  • On 20 September 2022, a delegation from Kazakhstan paid a study visit to the Seimas Ombudspersons’ Office to learn about the activities of the Seimas Ombudspersons’ Office in protecting the right to good public administration. The guests were particularly interested in the cases where the recommendations of the Seimas Ombudspersons have been taken into account in order to amend legislation, address systemic problems of human rights protection, and initiate proceedings for the application of liability. They also discussed the processes of communication with the media and specific examples.
  • On 29 September 2022, the Head of the Seimas Ombudspersons’ Office Erika Leonaitė hosted a delegation of officials from the European Border and Coast Guard Agency Frontex from 15 different countries, who were interested in the activities of the Seimas Ombudspersons’ Office and its experience in dealing with migration-related human rights issues. Introducing the members of the delegation and the objectives of the visit, Jonas Grimheden, Head of Frontex’s Fundamental Rights Office, pointed out that the delegation wanted to gain practical knowledge in the areas of monitoring violations at the border and dealing with migrants’ asylum complaints. During the meeting, the Head of the Seimas Ombudspersons’ Office Erika Leonaitė presented the activities of the Office and the mandates of the Seimas Ombudspersons, with a special focus on the application of these mandates to human rights issues in the field of migration. Erika Leonaitė also presented legislation used as a basis for national prevention of torture, explained the process of provision of recommendations and monitoring of their implementation.
  • On 11 November 2022, employees of the Seimas Ombudspersons’ Office organised a training course on “Human Rights Based Penal Enforcement System: Standards, Challenges, Practice” at the then Pravieniškės Correction House-Open Prison Colony. The expert and psychologist Valija Šap gave a presentation on stress recognition and management to the 70 employees of imprisonment institutions from all over Lithuania who attended the training, while the staff of the Human Rights Division of the Seimas Ombudspersons’ Office discussed the state’s obligations in the field of human rights protection and the role of staff of imprisonment institutions in the implementation of these obligations, and also presented a human rights-based approach to person-centred work in place of imprisonment. In addition, the training organised by the Seimas Ombudspersons’ Office focused on the analysis of problems arising in practice, such as limited employment opportunities for prisoners, disproportionate use of force by officers against non-resisting prisoners, restriction of the possibility to spend time in the recreation room, or confiscation of coloured folding paper sent by the prisoner’s relatives without allowing the prisoner to engage in individual creative activities.
  • On 29 November 2022, employees of the Human Rights Division of the Seimas Ombudspersons’ Office held a training course “Human Rights Based Supervision of Persons in Social Care Institutions: Standards, Challenges, Practice” for employees of the social care institutions in Western Lithuania. In order to encourage the participants to think about human rights in their daily work, staff of the Human Rights Division of the Seimas Ombudspersons’ Office presented a human rights-based model of care for residents of social care institutions, applying the principles of autonomy, equality, dignity, respect and justice. Participants in the training discussed in working groups how to solve specific everyday situations in practice and how to find the most effective ways of solving problems in the light of human rights. The training organised by the Human Rights Division of the Seimas Ombudspersons’ Office for employees of social care institutions is a continuous activity aimed at contributing to the improvement of the competences of these employees in the field of ensuring human rights and freedoms.
  • For the fifth consecutive year, the Seimas Ombudspersons’ Office contributed to organising the National Human Rights Forum to commemorate International Human Rights Day. The event took place on 9 December and focused on human rights issues in the face of crises and military conflicts, and the 30th anniversary of the Constitution of the Republic of Lithuania. Representatives of various international organisations, members of the Seimas, ombudsmen, foreign ambassadors, academia, representatives of non-governmental organisations and human rights activists attended the National Human Rights Forum. During the event, the Seimas Ombudspersons’ Office hosted a discussion “Lithuania’s openness to refugees: lessons (not) learned”, where together with representatives of NGOs, governmental and international organisations, discussed the situation of refugees in the country from a human rights perspective. Vytautas Valentinavičius, Head of the Human Rights Division of the Seimas Ombudspersons’ Office, took part in the National Human Rights Forum’s discussion “The First EU LGBTIQ Equality Strategy 2020-2025: Will LGBTIQ-inclusive policy become integral to Lithuanian strategic targets?”, organised by the national LGBT rights organisation LGL.

The Seimas Ombudspersons’ Office presented the assessment of the human rights situation in Lithuania to international organisations and provided them with information in accordance with the obligations laid down in the international treaties of the Republic of Lithuania (Article 192 (2)(3) of the Law)

The Seimas Ombudspersons’ Office has regularly provided information on restrictions on the rights and freedoms of individuals in the country, the prevention of violations of human rights and freedoms, developments in national legislation and compliance with international obligations to international organisations active in the field of human rights and freedoms (the European Network of National Human Rights Institutions, the United Nations Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the European Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Association for the Prevention of Torture).

  • On 31 March 2022, the Head of the Seimas Ombudspersons’ Office Erika Leonaitė attended the General Assembly of the European Network of National Human Rights Institutions (ENNHRI), where she spoke on the situation in Ukraine and the situation of refugees fleeing the Ukrainian war.
  • On 14 June 2022, the Seimas Ombudsperson Erika Leonaitė attended the 47th session of the UN Subcommittee on Prevention of Torture (SPT), where she spoke about the situation of vulnerable migrants accommodated in Foreigners’ Registration Centres. According to the Seimas Ombudsperson, there are three main concerns: firstly, there are challenges in identifying the vulnerability of migrants whose vulnerability is not obvious; secondly, the continued de facto administrative detention of children raises serious concerns about the impact on their development; thirdly, all migrants in de facto detention, including vulnerable persons, face mental health effects of prolonged deprivation of liberty, the uncertainty caused by the absence of an effective system of legal aid, and the anxiety of the future. E. Leonaitė also informed the Subcommittee on Prevention of Torture of the decision taken at the political level to discontinue the administrative detention of migrants who pose no threat to public order. At the same time, the Seimas Ombudsperson drew attention to the need to provide legal work opportunities for those migrants who cannot be deported.
  • On 1 July 2022, at the 50th session of the United Nations Human Rights Council, the report of the third cycle of the Universal Periodic Review of Lithuania was approved. Erika Leonaitė, Head of the Seimas Ombudspersons’ Office, who spoke at the session, emphasised the necessity of strengthening the process of implementation of the recommendations made to Lithuania and called for special attention to be paid to the implementation of recurrent recommendations and to the introduction of a human rights-based approach in the public sector. During the human rights review held in January 2022, Lithuania received 232 recommendations from 82 countries, of which the vast majority (214) were accepted for implementation and 18 were reasonably rejected.
  • On 14 July 2022, representatives of the Seimas Ombudspersons’ Office participated in a webinar organised by the Subcommittee on Prevention of Torture (SPT), where the Head of the Seimas Ombudspersons’ Office presented the situation of vulnerable groups of migrants subject to administrative detention in Lithuania.
  • On 13 September 2022, investigators from Amnesty International visited the Seimas Ombudspersons’ Office and met with the Seimas Ombudsperson Erika Leonaitė. During the meeting, the Seimas Ombudsperson presented the developments that have taken place since Amnesty International’s report on the Lithuanian authorities’ response to the challenges posed by irregular migration across the Belarusian border, published in June 2022.
  • On 12 October 2022, a delegation from the Counter-Terrorism Executive Directorate (CTED) of the United Nations Security Council’s Committee on Counter-Terrorism (CTCT) visited the Seimas Ombudspersons’ Office to discuss the situation in the country in relation to countering extremism and the extent to which the counter-terrorism measures ensure respect for human rights. At the request of the delegation, the meeting was organised with experts in the field from civil society, non-governmental organisations, the private and academic sectors in order to listen to their insights, which could complement CTED’s previous cooperation with the Government. Presenting the mandates of the Seimas Ombudspersons’ Office, the Head of the Seimas Ombudspersons’ Office Erika Leonaitė highlighted the Seimas Ombudspersons’ activities in the fields of intelligence and criminal intelligence, as well as the problems related to the oversight of the intelligence and criminal intelligence activity. Focusing on the prevention of terrorism, civil society representatives shared their experience in addressing human rights issues in the areas of extremism, hate speech, combating human trafficking and migration.
  • On 14 December 2022, the Seimas Ombudsperson Erika Leonaitė met with representatives of the European Union (EU) Fundamental Rights Agency (FRA) to discuss the possibility of establishing a national independent mechanism to monitor respect for fundamental human rights at the EU’s external borders in Lithuania. The guests asked the Seimas Ombudsperson for her opinion on fundamental human rights issues in response to instrumentalised migration and were interested in how draft legislation is assessed in the country in order to ensure that it does not contravene the Constitution and EU law. The Seimas Ombudsperson presented the problems related to the right of migrants who have crossed the border at undesignated locations to apply for asylum and shared her insights on the forthcoming amendments to the Law on the State Border and its Guard Thereof and the Law on the Legal Status of Foreigners. In her presentation on the activities of the Seimas Ombudspersons’ Office, E. Leonaitė pointed out that, in spite of the fact that the resources available to the Seimas Ombudspersons’ Office limited its ability to operate efficiently, even with the existing capacity, the places of detention of foreigners had been visited, legislation was assessed, and cooperation with international and non-governmental organisations and state institutions was pursued.
  • On 15 December 2022, the Seimas Ombudspersons’ Office provided the European Network of National Human Rights Institutions (ENNHRI) with information on the mechanism for the implementation of the recommendations made to Lithuania by international organisations and the Universal Periodic Review (UPR) to improve the situation of human rights, and on the Government’s monitoring of the implementation of these recommendations.
  • On 16 December 2022, the Seimas Ombudsperson Erika Leonaitė gave a presentation on migrant problems in Lithuania to representatives of the European Union’s (EU) European Border and Coast Guard Agency Frontex. Representatives of the Seimas Ombudspersons’ Office and the Frontex Fundamental Rights Office discussed the fundamental human rights monitoring mechanism, the ongoing mission and monitoring activities at Lithuanian border control points. The meeting focused on the assessment of the measures taken by the Government to control instrumentalised migration, including the policy of turning back, from the perspective of European Union law, as well as on the role of Frontex in carrying out enforced returns. Given that Frontex’s mandate in Lithuania does not currently include monitoring in the “green” border area, Frontex representatives were interested in the main concerns at the border.

The Seimas Ombudspersons’ Office made proposals to state and municipal institutions and bodies on human rights issues (Article 192 (2)(4) of the Law)

  • On 22 July 2022, the Seimas Ombudspersons’ Office submitted an opinion to the Constitutional Court of the Republic of Lithuania in Constitutional Justice Case No 4/2022 on the compatibility of Article 2(3), Article 3(2)(3), Article 11(3), Article 15(1) of the Law on Intelligence Ombudsmen of the Republic of Lithuania, as well as of Article 12(2) of the Law on the Seimas Ombudsmen of the Republic of Lithuania with the provisions of Article 7(1) of the Lithuanian Constitution. The Seimas Ombudsperson E. Leonaitė emphasised that there is no clear place for intelligence ombudsmen in the system of ombudsmen and supervisory authorities, which corresponds to the scope of their activities and duties. By aligning the status of the Seimas Ombudspersons’ Office with that of the Intelligence Ombudsmen’s Office, but giving the Intelligence Ombudsmen a narrow scope of competence, and at the same time limiting the mandate of the Seimas Ombudspersons, as enshrined in the Constitution, in the area of human rights and freedoms, not only the Seimas Ombudspersons’ Office and the Intelligence Ombudsmen’s Office are being oposed, but also the overall system of Ombudsmen and oversight bodies is being distorted.
  • On 13 December 2022, the Seimas Ombudspersons’ Office provided its opinion to the Ministry of the Interior on the recommendation formulated at the meeting of the Commission for the Coordination of the Fight against Trafficking in Human Beings to appoint an additional function of the National Rapporteur for the Fight against Trafficking in Human Beings to the Office. The Head of the Seimas Ombudspersons’ Office pointed out in her letter that the lack of analysis of the alignment between the functions carried out by the Institution and the new function in the studies of the Centre for Strategic Analysis of the Government (STRATA) does not allow for a thorough and systematic assessment of the scope of the functions carried out by the Institution analysing the resources available to the Institution to carry out the existing functions, and, consequently, the risks associated with the appointment of a new function with a broad scope. According to the Head of the Seimas Ombudspersons’ Office, the analysis of the totality of the National Rapporteur’s functions suggests that an independent body should be established to carry out these functions, which is identified as a model for the National Rapporteur, inter alia, in the recommendations of the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings (GRETA). This position was also expressed at the meeting of the Seimas Ombudsperson Erika Leonaitė, human rights and GRETA representatives on 12 December 2022.
  • Having assessed the findings of the study conducted by the Office on the implementation of the public right of access to justice in environmental matters in the context of the implementation of Lithuania’s international obligations in the field of human rights, the Seimas Ombudsperson made recommendations to the following institutions:
    • the Seimas Ombudsperson recommended the Ministry of the Environment  to take measures to clarify the provisions of the Law on Environmental Protection so that it is clear that only public legal entities promoting environmental protection have the right to apply to court for protection of the public interest by challenging the substantive or procedural lawfulness of decisions, actions or inactions in the field of the environment and its protection and use of natural resources, while other persons, i.e. one or more natural or legal persons, are conferred the right to defend public interest in the field of the environment provided that they seek to defend their own subjective rights or legitimate interests in the same matter, and that the analogous provisions of other laws in the field of the environment are assessed and, where necessary, adjusted and remedied, that the official website of the Ministry of the Environment and other means provide the public with comprehensive, accurate, visually clear and regularly reviewed and, where necessary, updated information (guidelines) on the procedure for the exercise of the public’s right to refer to courts on environmental matters under the Aarhus Convention in Lithuania. This information should include relevant provisions of national law, the most recent review of national case law on the subject, the conditions for access to justice in environmental matters, visual representations of access to justice under individual provisions of Article 9 of the Aarhus Convention, flowcharts, and other important legal and practical aspects of the right to refer to courts.
    • The Seimas Ombudsperson recommended to the Government to ensure that the national legislation of the Republic of Lithuania guarantees the widest possible access of the public, and in particular of the public concerned, to courts to challenge actions, omissions and decisions of various entities in the field of the environment, as well as to defend the environment as a public interest, that the criteria which the public seeking to take advantage of the opportunity to refer to courts in environmental matters is subject to are clearly defined in legislation, and that the public is adequately and continuously informed of these opportunities.
    • The Seimas Ombudsperson recommended to the Ministry of Justice to take measures to ensure that legislation contains clear criteria for the exercise of the right of access to justice in environmental matters by the public concerned, which are consistent with the objectives of the Aarhus Convention; take measures to ensure that the right provided for in Article 112(1) of the Law on Administrative Proceedings to apply to an administrative court for an examination of whether a normative administrative act (or part of a normative administrative act) relating to the environment is in conformity with the law or a normative act of the Government, could be exercised not only by the public concerned, as defined in the Law on Environmental Protection, but also by persons who meet the definition of “public concerned” in other environmental laws, such as the Law on Territorial Planning and the Law on Environmental Impact Assessment of Planned Economic Activities.
    • On 31 August 2022, the Seimas Ombudspersons’ Office submitted proposals to the Ministry of Justice for the implementation of the recommendations adopted by Lithuania during the third cycle of the Universal Periodic Review of the United Nations Human Rights Council.

The Seimas Ombudspersons’ Office sought to harmonise national legislation with the international human rights obligations of the Republic of Lithuania (Article 192 (2)(5) of the Law)

  • By its letter of 25 April 2022, the Seimas Ombudspersons’ Office provided to the Board of the Seimas and the Seimas Committee on Human Rights its position on the Draft Law No XIVP-766 Amending and Supplementing Articles 2 and 7 of the Law on Meetings No 1-317, Draft Law No XIVP-819 on Amendments to Articles 6, 7, and 12 of the Law on Meetings No 1-317, and Draft Law No XIVP-1328 on Amendments to Articles 6, 7, and the title of Chapter II of the Law on Meetings from the perspective of the guarantee of freedom of assembly. The Seimas Ombudsperson E. Leonaitė was critical of the proposal to involve a person authorised by the offices of the President of the Republic of Lithuania, the Seimas of the Republic of Lithuania and the Government of the Republic of Lithuania in the process of coordination of the assembly, if the assembly to be organised is planned to take place in the vicinity of these institutions. According to the Seimas Ombudsperson, such a requirement would be redundant, as the existing provisions of the Law on Meetings also allow for the inclusion of the necessary representatives of other institutions in the coordination procedure of the notifications of the meeting to be held. Moreover, a more complex procedure for the coordination of notifications of meetings to be held at the highest political authorities of the State is also critical from the point of view that the possibility of expressing one’s views on the decisions taken by these very authorities and their officials during peaceful assemblies in a democratic State should be particularly protected. The Seimas Ombudsperson also saw risks in the proposal that the organisers of a meeting with more than 15 participants should be required to give notice of the meeting at least 15 working days before the date of the meeting. The Seimas Ombudsperson noted that extending the current deadline of 5 working days to 15 working days would significantly hamper the possibility of organising meetings aimed at responding quickly to current events. According to E. Leonaitė, a possibility of enshrining in the law provisions obliging courts to take steps to ensure that disputes between meeting organisers and the municipality are resolved in the shortest possible time, possibly before the scheduled date of the meeting, without extending the period of notice of the meeting, should be taken into consideration. The position paper also points out that the unjustified restrictions on the freedom of assembly that are of concern are not so much the result of the existing legal framework, but rather of inadequate application of the framework in practice, where the procedure for the exercise of the right to freedom of assembly, as set out in the Law on Meetings, has in practice been transformed into a de facto procedure for the granting of permits. Situations in which municipal administrations refuse to approve a notice of assembly on the grounds of inconvenience caused by the assembly, hypothetical risks of disturbance of public order or other circumstances are not only incompatible with international standards for the protection of the freedom of assembly, but also with the existing national legal framework. From the perspective of the protection of human rights and freedoms, the grounds for restricting the right of citizens to assemble peacefully without arms, as provided for in the Law on Meetings, cannot be invoked to create artificial obstacles to the exercise of the constitutional right to freedom of assembly by persons intending to exercise their right.
  • By its letter of 14 June 2022, the Seimas Ombudspersons’ Office assessed, within its competence, the proposal of the Member of the Seimas Mindaugas Lingė on the Draft Law No. XIVP-1648 on the amendment to the Law No. IX-2206 on the Legal Status of Foreigners (hereinafter – the LSF) of the Republic of Lithuania and submitted to the Human Rights Committee of the Seimas of the Republic of Lithuania an evaluation of the proposed legal regulation from the point of view of ensuring human rights and liberties. The Seimas Ombudspersons’ Office supported the proposal to grant the right to work to foreigners who are not asylum seekers 12 months after the date of registration in the Lithuanian Migration Information System, offering to leave the existing legal regulation, according to which an asylum seeker acquires the right to work 6 months after the date of submitting an application for asylum, unchanged, if the Migration Department did not take a decision on granting asylum in the Republic of Lithuania for reasons other than the fault of the asylum seeker.
  • By its letter of 25 August 2022, the Seimas Ombudspersons’ Office presented its position to the Ministry of the Interior on the Draft Law Amending Articles 1, 2, 4, 11, 14, 15, 16, 18, 21, 23 and 26 of the Law No. VIII-1666 on the State Border and the Guard Thereof of the Republic of Lithuania, and on Supplementing the Law with new Article 21 and new Chapter IX. Taking into account the fact that the draft law proposes to reinforce the already existing legal regulation, which severely restricts the right to apply for international protection in the territory of the Republic of Lithuania, doubts have been expressed as to the compatibility of the regulation proposed in the draft with the European Union law, in particular in light of the judgment of the Court of Justice of the European Union in the case of M.A. of 30 June 2022 (case No. C-72/22 PPU).
  • On 13 December 2022, the Seimas Ombudspersons’ Office submitted an opinion to the Seimas Committee on Legal Affairs and the Seimas Committee on Human Rights on the Draft Law amending Article 1 of the Law No XIV-1196 on Amendments to the Code of Execution of Sentences. The Seimas Ombudspersons’ Office proposed to consider the possibility of ensuring that the justification, necessity and proportionality of the extension of the period of restriction of the right to private and family life of convicted persons would be reviewed by the court, and to provide in the Code of Execution of Sentences that if it is considered that the grounds for which the decision to impose preventive measures on a convict has been taken have not disappeared and it is necessary to prolong the application of such measures, the decision to extend the period of application of these measures would be taken by a reasoned decision of a court.

The Seimas Ombudspersons’ Office has initiated investigations into fundamental human rights issues (Article 192 (2)(6) of the Law)

The study on the implementation of the public right of access to justice in environmental matters in Lithuania in compliance with the international human rights obligations of the Republic of Lithuania, which was completed on 30 December 2022, evaluated the procedure for the implementation of the public right of access to justice in environmental matters in Lithuania, whether it is compatible with the Republic of Lithuania’s international obligations under the Aarhus Convention, and whether there are any significant human rights issues in this area. The Seimas Ombudsperson Erika Leonaitė concluded that legal acts of the Republic of Lithuania do not clearly define what interest is considered sufficient for the public to have the right to defend in court in environmental matters, not only the violated subjective rights, but also the public interest in the manner prescribed by law, that examples of case law have revealed the risks of legal uncertainty in the implementation of the Aarhus Convention, and that Lithuania does not adequately ensure that the public has access to relevant, clear and comprehensive information on the procedures for exercising the right of access to justice in environmental matters, which may not only have the effect of limiting the public’s knowledge of the limits, possibilities and procedures for exercising the right of access to justice in environmental matters in Lithuania, but may also create obstacles to the effective exercise of the rights under the Aarhus Convention.