OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas
Ombudsmen
active participation and membership in a political party are not mentioned therein. In
order to ensure an Ombudsman’s neutrality, this should also be included in the list of
incompatible activities under Article 10. Should the Ombudsman have belonged to
any party prior to appointment, then he/she should suspend his/her party membership
for the duration of his/her term of office, to ensure that the office is perceived as
being objectively independent.
47.
According to Article 11 of the Law, the Seimas Ombudsmen shall submit an annual
report to the Seimas by the 15th of March for the preceding calendar year, which the
Seimas shall consider. This report shall be published on the homepage of the Seimas
Ombudsmen. The Seimas’ obligation under Article 11 to “consider” the annual report
would benefit from clarification and enhancement. In order to strengthen the position
of the Ombudsmen and ensure follow up to the annual report, it is recommended to
include in Article 11 an obligation for the Seimas to hold a special session at which it
discusses the Ombudsmen’s annual report.21 This session should be held shortly after
the Seimas receives the Annual Report, ideally within a month of receipt of this
report.
5.
Complaints Procedure before the Ombudsmen
48.
Chapter III of the Law describes the acceptance and investigation of complaints.
Article 12 specifies which complaints lie within the jurisdiction of the Seimas
Ombudsman. According to Article 12 par 2, the activities of the President of the
Republic, of members of the Seimas, of the Prime Minister, the Government (as a
collegial institution), the State Controller and judges, municipal councils (as collegial
institutions) are not covered by the Ombudsman’s investigatory mandate. This limits
the Ombudsmen’s investigatory powers, without explaining why such limitation
would be necessary or even desired. It would rather appear that the Ombudsmen
should have wide powers to review all cases of potential human rights abuses and
abuses of power. This could even include the behaviour of judges in cases involving
fairness of proceedings, impartiality and independence of judges, and access to court
(including the execution of judgments). Article 12 par 3 differentiates in a similar
way with regard to the Ombudsmen’s mandate to investigate prosecutors; it is
recommended to adopt the same approach with regard to judges.
49.
Article 12 par 4 states that the Ombudsmen shall not investigate complaints arising
from labour legal relations. This should, however, only apply to private labour
relationships, not to labour relations between the State and civil servants. Article 12
par 4 should differentiate accordingly between the two.
50.
The filing of complaints is regulated under Article 13, which also allows an
Ombudsman to open investigations ex officio if he receives verbal complaints, or
learns of potential abuse of power or human rights violations from other sources (par
3). Since ex officio investigations do not involve the filing of complaints, this type of
investigation procedure should be regulated in a separate provision, not in Article 13.
51.
Under Article 13 par 1, “complainants”, namely natural or legal persons filing a
complaint with the Ombudsmen’s office, have the right to file a complaint. The
21
Such sessions are obligatory according to, e.g., Article 36 of the Ombudsman Law of the former Yugoslav
Republic of Macedonia (op. cit. note 20), and Article 44 of the Slovenian Human Rights Ombudsman Law, (op
cit. note 15).
15
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