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Lithuania

Executive Summary

The Republic of Lithuania is a constitutional, multiparty, parliamentary democracy. Legislative authority resides in a unicameral parliament (Seimas) and executive authority resides in the Office of the President. Observers evaluated the 2014 presidential elections and the 2016 parliamentary elections as generally free and fair.

Civilian authorities maintained effective control over the security forces.

There were no reports of egregious human rights abuses.

The government took measures to prosecute or otherwise punish officials who committed abuses, whether in the security services or elsewhere.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. In its report published on February 1, the Council of Europe’s Committee for the Prevention of Torture (CPT) stated it had heard allegations of excessive force exerted by police after a detainee had been subdued during arrest.

Prison and Detention Center Conditions

Some prison and detention center conditions did not meet international standards.

Physical Conditions: The CPT report noted substandard conditions at the Alytus Prison, Marijampole Prison, and Panevezys Prison. Inmates in all prisons, but especially the Alytus and Marijampole prisons, complained about the quality and especially the quantity of food. The CPT reported its impression that the provision of health care in the penitentiaries it visited “was rather poor and the services were not well organized.”

The delegation received a number of allegations of deliberate physical mistreatment and of excessive use of force by prison staff at the Alytus and Marijampole prisons. The CPT also found an apparent increase in interprisoner violence in those two prisons and new reports of interprisoner violence at the Panevezys Prison. The CPT committee attributed the situation to “accommodation in cramped large-capacity dormitories” and “a low number of custodial staff, insufficient to ensure the safety of prisoners.”

The CPT reported a detainee may be held in a holding jail for up to 15 days after seeing a judge. It called for the prompt transfer of detainees to remand prisons.

Administration: The Office of the Parliamentary Ombudsman generally investigated credible prisoner complaints and attempted to resolve them, usually by making recommendations to the institutions concerned and monitoring their implementation. The law requires the ombudsman’s office to investigate detention centers and other institutions. The ombudsman’s office reported that prison institutions were responsive to all of its interventions. On September 1, the ombudsman’s office identified two of the 20 prisoner complaints to be legitimate and merited. The parliamentary ombudsman visited Alytus and Marijampole prisons five times and detention facilities 46 times.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers. The CPT visited the country in 2016 and published the report in February 2017. On April 20-27, it revisited many of the same places of confinement it had visited earlier. The report of this later visit was not available at the end of the year.

Improvements: Between January and September, the government renovated housing, medical units, and food services in facilities in Siauliai, Alytus, and Pravieniskes.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

ROLE OF THE POLICE AND SECURITY APPARATUS

The police and the State Border Guards Service are subordinate to the Ministry of the Interior. The Special Investigative Service, the main anticorruption agency, reports to the president and parliament. Civilian authorities maintained effective control over the police, the State Border Guards Service, and the Special Investigative Service. The government has effective mechanisms to investigate and punish abuse. There were no reports of impunity involving the security forces.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

Except for persons arrested during the commission of a crime, warrants are generally required for arrests, and judges may issue them only upon the presentation of reliable evidence of criminal activity. Police may detain suspects for up to 48 hours before formally charging them. Detainees have the right to be informed of the charges against them at the time of their arrest or their first interrogation.

Bail is available and was widely used.

The law provides for access to an attorney and the government provides one to indigent persons. A detained person has the right to meet with a lawyer of his or her choice in private before his or her first interrogation. Some detainees who had appointed government attorneys complained that they met their attorney for the first time at the court hearing, even in instances when they had requested an attorney shortly after their arrest. Detainees had prompt access to family members.

Pretrial Detention: The law permits authorities to hold suspects under house arrest for up to six months, a period that a judge may extend at his or her discretion. A pretrial judge may order that a suspect facing felony charges be detained for up to three months, but only to comply with extradition requests or to prevent the accused from fleeing, committing new crimes, or hindering the investigation. In many cases the law permits detention to be extended to 18 months (six months for juveniles), subject to appeal to a higher court. Judges frequently granted such extensions, often based on the allegation that the defendant would pose a danger to society or influence witnesses. The maximum period authorities may detain an adult charged with minor offenses is nine months.

In the first half of the year, the average length of pretrial detention was approximately 13 months. As of September 1, approximately 57 percent of incarcerated persons were pretrial detainees. The law allows defense attorneys access to the evidence prosecutors use to justify pretrial detention.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

TRIAL PROCEDURES

The constitution and law provide the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants have the right to a presumption of innocence, to prompt and detailed information about the charges against them, to a fair and public trial without undue delay, and to be present at their trial. Defendants have the right to communicate with an attorney of their choice (or have one provided at public expense), adequate time and facilities to prepare a defense, and free assistance of an interpreter from the moment charged through all appeals. They are entitled to confront witnesses against them, to present witnesses and evidence in their defense, and to be free of compulsion to testify or confess guilt. They enjoy the right of appeal.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Plaintiffs may sue for legal relief or temporary protection measures from human rights violations. Persons alleging human rights abuses may also appeal to the parliamentary ombudsman for a determination of the merits of their claims. Although the ombudsman may only make recommendations to an offending institution, such institutions generally implemented the ombudsman’s recommendations. Individuals alleging violations of the European Convention on Human Rights by the government may, after exhausting domestic legal remedies, appeal to the European Court of Human Rights.

PROPERTY RESTITUTION

The government has laws and mechanisms in place to address the issue of property restitution, and nongovernmental organizations (NGOs) and advocacy groups reported that the government has made some progress on the resolution of Holocaust-era claims, including for foreign citizens. A philanthropic foundation created in 2011 to receive government compensation for Communist and Nazi seizures of Jewish community-owned property distributed funds to individuals and to Jewish educational, cultural, scientific, and religious projects. According to an agreement between the government and the Jewish community, the foundation was to disburse $44 million by 2023. The foundation distributed a one-time payment of $1 million to individual survivors in 2013 and 2014. The remaining funds were allocated to support Jewish educational, cultural, scientific, and religious projects, as decided by the foundation board. As in the previous year, the foundation received $4.34 million for this purpose, which brought the total received since 2011 to $26.2 million. Jewish and ethnic Polish communities continued to advocate for private property restitution because there has been no opportunity to submit individual claims since 2001, when the country’s existing restitution law stopped allowing citizens to apply for private property restitution. Despite changes to the citizenship law in 2011 that made it easier to reacquire the country’s citizenship, the government did not reopen the application period for these communities and others who had been excluded from filing claims based on citizenship.

f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence

The constitution prohibits such actions, but there were reports that the government failed to respect these prohibitions.

The law requires authorities to obtain a judge’s authorization before searching an individual’s premises. It prohibits indiscriminate monitoring, including of email, text messages, or other digital communications intended to remain private. Domestic human rights groups alleged that the government did not always properly enforce the law. In the first nine months of the year, the State Data Protection Inspectorate investigated 618 allegations of privacy violations, compared with 435 such allegations in the first nine months of 2017. Most complaints were individuals’ claims that their personal information, such as identity numbers, had been collected without a legal justification.

Section 2. Respect for Civil Liberties, Including:

a. Freedom of Speech and Press

The constitution provides for freedom of expression, including of the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of speech and the press.

Freedom of Expression: The constitutional definition of freedom of expression does not permit slander; disinformation; or incitement to violence, discrimination, or national, racial, religious, or social hatred. Inciting hatred against a group of persons is punishable by imprisonment for up to two years. Inciting violence against a group of persons is punishable by imprisonment for up to three years.

It is a crime to deny or “grossly to trivialize” Soviet or Nazi German crimes against the country or its citizens, or to deny genocide, crimes against humanity, or war crimes.

Press and Media Freedom: Independent media were active and expressed a wide variety of views. They are subject to the same laws that prohibit hate speech and criminalize speech that grossly trivializes international and war crimes.

It is illegal to publish material that is “detrimental to minors’ bodies or thought processes” or that promotes the sexual abuse and harassment of minors, sexual relations among minors, or “sexual relations.” Human rights observers continued to criticize this law. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) groups claimed that it served as a rationale for limiting LGBTI awareness-raising efforts and that agencies overseeing publishing and broadcast media took prejudicial action against the coverage of stories with LGBTI themes.

Censorship or Content Restrictions: On February 14, the Radio and Television Commission of Lithuania imposed a one-year suspension on the Russian-language channel RTR Planeta for inciting violence and hatred.

Libel/Slander Laws: The law makes insulting or defaming the president of the country in mass media a crime punishable by a fine. Authorities did not invoke it during the year.

INTERNET FREEDOM

The government did not restrict or disrupt access to the internet or censor online content, and there were no credible reports that the government monitored private online communications without appropriate legal authority.

According to the International Telecommunication Union, 78 percent of the country’s households used the internet in 2017.

ACADEMIC FREEDOM AND CULTURAL EVENTS

There were no government restrictions on academic freedom or cultural events.

b. Freedom of Peaceful Assembly and Association

The government generally respected the freedoms of peaceful assembly and association, with the exception of some organizations associated with the Soviet period.

FREEDOM OF PEACEFUL ASSEMBLY

The constitution and law provide for freedom of assembly and the government generally respected this right.

FREEDOM OF ASSOCIATION

Although the law provides for this freedom and the government generally respected it, the government continued to ban the Communist Party and other organizations associated with the Soviet period.

c. Freedom of Religion

See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.

d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons

The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights.

The government cooperated with the Office of the UN High Commissioner for Refugees (UNHCR) and other humanitarian organizations in providing protection and assistance to refugees, returning refugees, asylum seekers, stateless persons, and other persons of concern.

PROTECTION OF REFUGEES

Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has established a system for providing protection to refugees.

Safe Country of Origin/Transit: In compliance with the EU’s Dublin III Regulation, authorities barred asylum seekers arriving from safe countries of origin or transit and returned them to such countries without reviewing the substantive merits of their applications. The government’s participation in the EU’s efforts to address high levels of migration into Europe was an exception to this policy.

Durable Solutions: Since 2015, 468 refugees entered the country under the EU’s relocation program, of whom 338 subsequently left the country for other EU states.

Temporary Protection: The government may grant “temporary protection” to groups of persons. Authorities may also grant “subsidiary protection” to individuals who may not qualify as refugees. During the first half of the year, the government provided “temporary protection” to six persons.

STATELESS PERSONS

According to UNHCR as of May, 3,320 stateless persons lived in the country. The law permits persons born on the territory or legally residing there for 10 years and who are not citizens of any other country to apply for citizenship. Applicants must possess an unlimited residence permit, knowledge of the Lithuanian language and constitution, and the ability to support themselves.

Section 3. Freedom to Participate in the Political Process

The constitution provides citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage.

Elections and Political Participation

Recent Elections: Presidential elections, including a runoff between the two candidates receiving the most votes, took place in 2014. Parliamentary elections took place in 2016. Observers evaluated these elections as generally free and fair.

Political Parties and Political Participation: The constitution provides for freedom of association, which includes membership in political parties and organizations, although the government continued to prohibit the Communist Party.

Participation of Women and Minorities: No laws limit the participation of women or members of minorities in the political process, and they did participate.

Section 4. Corruption and Lack of Transparency in Government

The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. There were isolated incidents of government officials engaging in corrupt practices with impunity.

Corruption: In 2017 the Special Investigative Service, the country’s main anticorruption agency, conducted 171 pretrial investigations. On February 22, the board of Vilnius University Hospital suspended the director due to alleged reports of abuse and large-scale corruption.

Financial Disclosure: The law requires appointed and elected officials to declare their assets and incomes annually. The declarations were available to the public. Administrative sanctions were imposed for noncompliance.

Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights

Domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Government officials were generally cooperative and responsive to their views.

Government Human Rights Bodies: The Office of the Parliamentary Ombudsman has three mandates: to investigate complaints about abuse of office or other violations of human rights involving public administration; to implement the national prevention of torture mechanism under the UN’s Optional Protocol to the Convention against Torture; and to serve as an accredited national human rights institution (NHRI). As an NHRI the parliamentary ombudsman is responsible for reporting on and monitoring human rights problems, cooperating with international and domestic human rights organizations, and promoting human rights awareness and education.

The Equal Opportunities Ombudsman governs an independent public institution with responsibility for implementing and enforcing rights under the law and for investigating individual complaints.

A Children’s Rights Ombudsman is responsible for overseeing observance of children’s rights and their legal interests. It may initiate investigations of possible violations of such rights, either upon receipt of a complaint or on its own initiative.

Parliament’s human rights committee prepares and reviews draft laws and other legal acts related to civil rights and presents recommendations to government institutions and other organizations about problems related to the protection of civil rights. It also receives reports from the Office of the Parliamentary Ombudsman.

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