OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas
Ombudsmen
Q. to ensure that the Ombudsman’s rights during investigations, his/her general
mandate of monitoring legislation, and the right to take action once a violation
or abuse of power has been determined, all currently contained in Article 19,
are clearly regulated in separate provisions of the Law; [par 54]
R. to amend Article 19 as follows:
1. Specify that the Ombudsman’s meetings with persons detained or
imprisoned shall take place in the absence of detention
centre/prison personnel and ensure that all detainees/prisoners have
unrestricted access to the Ombudsman; [par 56]
2. Change par 1 (11) so that the Ombudsman has the right to
approach the Constitutional Court directly; [par 57]
3. Clarify the meaning of par 1 (16) on the Ombudsmen’s relationship
with prosecution authorities; [par 58]
4. Provide the Ombudsman with the right to lodge cassation appeals
against final judgments in court cases and to appear as a third party
in proceedings before international human rights protection
mechanisms; [par 59]
S. to make clearer the potential liability of officials who do not cooperate with
the Ombudsman under Article 20; [par 60]
T. to explain the nature of the Ombudsman’s statement under Article 21 and
clarify how it relates to the Ombudsman’s final decision under Article 22; [par
62]
U. to be more specific as to the meaning of Article 22 par 2 (excluding the
investigation period from the limitation period for imposing disciplinary
penalties); [par 63]
V. to include in the Law a clear legal basis for allowing the Ombuds Office to
receive additional subsidies from external, including international, donors;
[par 67]
W. to specify in Article 25 who/which body shall propose the number of
employees (ideally, this should be the Ombudsman); [par 71]
X. to ensure in the Law that the remuneration of the Ombudsmen is sufficiently
high to ensure their independence and impartiality; [par 72]
Y. to see to it that the Ombuds Office’s staff receives adequate competitive
remuneration and has a distinct legal status; [par 73]
Z. to allow the Ombudsman to hire external experts, as necessary. [par 73]
AA.
to ensure an open and transparent process in completing a new Law on
the Ombudsman; [par 74] and
BB.
to conduct a gender impact assessment and ensure that the general
impact assessment also measures impact on vulnerable groups. [par 75]
6