OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas
Ombudsmen
Ombudsmen also investigate complaints of complainants referred to them by
members of the Seimas, if they are in conformity with the requirements of this Law
(Article 13 par 2). As proceedings before Ombudspersons are normally free of
charge, it is unclear why these complainants would not approach the Ombudsmen
directly, rather than submit complaints via members of the Seimas. In case this would
lead to special or priority treatment, it would run counter to the principle of fairness
and impartiality under Article 4 par 5. It is thus recommended to delete Article 13 par
2. In case members of the Seimas hear about potential human rights abuses, they
should tell the respective individuals to address their complaints directly to the
Ombudsman, or inform the competent Ombudsman, who will then under Article 13
par 3 decide on whether to initiate proceedings ex officio.
52.
According to Article 15, complaints shall be filed within one year from the
commission of the disputed act or decision. It is recommended that Article 15 should
specify that this limitation period does not apply to cases of ongoing human rights
violations.
53.
Under certain formal admissibility conditions listed in Article 17, the Ombudsmen
may refuse to investigate a complaint within 7 working days. It is noted that this time
limit is quite short – it may not always be possible to assess a case adequately within
this timeframe, in particular if the substance of a complaint is complex or if a decision
depends on information that needs to be received from other bodies. It is thus
recommended to extend this time limit to at least 14 days or even 30 days. Article 17
should also allow the competent Ombudsman to extend this time limit where
necessary, an option which is also foreseen in Article 18 regulating the time limit in
which to investigate a complaint. As in Article 18, Article 17 should also oblige the
Ombudsman to inform the complainant about a delay in admissibility proceedings.
54.
Article 19 is titled “[r]ights of the Seimas Ombudsman”, but appears to focus on a
wider variety of issues ranging from an Ombudsman’s rights during investigations to
his/her general mandate of monitoring legislation, to possible actions to take once a
violation or abuse of power has been determined. While par 1 (1), (3)- (6) focuses
mainly on the rights of the Ombudsmen while investigating a complaint, other parts
of par 1 appear to combine investigative rights with more general aspects of the
Ombudsmen’s mandate, or with actions to be taken once investigations have been
completed. For the sake of clarity, it is recommended to differentiate properly with
regard to the Ombudsmen’s general competences, rights during investigations, and
actions that they may take once investigations have been completed, preferably by
regulating all three matters in separate provisions.
55.
Under Article 19 par 1 (1), the Seimas Ombudsman may ask for information, material
and documents required to fulfill his/her functions and may obtain access to state,
professional, commercial or bank secrets “in the manner prescribed by laws”. While
Article 19 does not specify which laws it is referring to, these presumably relate to
data protection and access to information. Generally, in order to conduct his/her
investigations properly, an Ombudsman should have unlimited access to all relevant
documents, including those of a confidential nature, if he/she deems this necessary to
adequately assess a case.
56.
According to par 1 (2) of Article 19, an Ombudsman shall meet with persons detained
or imprisoned in state facilities in an unrestricted manner. The Law should also
specify that these meetings shall take place in the absence of detention centre/prison
personnel. Further, all detainees or prisoners in Lithuania should have unlimited
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