OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas Ombudsmen 1. Clarify par 1 (4) on the termination of the Ombudsmen’s powers due to extended temporary incapacity; [par 40] 2. Specify that the end of the mandate of an Ombudsman shall always be decided by a qualified majority vote in the Seimas; [pars 41 and 43] 3. Stress that also a no-confidence vote against an Ombudsman under par 1 (6) needs to be supported by a qualified majority in the Seimas and that in such a case, the Ombudsman shall have the right to defend himself/herself; [par 42] 4. In cases where an Ombudsman resigns, dies, is declared permanently incapacitated, is convicted of a crime, or is removed by a no-confidence vote, the other Ombudsman shall replace him or, in case the structure of the Ombuds Office is changed, a designated deputy; [par 44] 5. In order to ensure a smooth transition from one Ombudsman to the next, the Law should include a provision obliging the Seimas to initiate the recruitment process for a new Ombudsman six months before the expiry of the incumbent Ombudsman’s term of office; [par 45] K. to include the participation in and membership of a political party in Article 10 as an activity incompatible with the duties of an Ombudsman; [par 46] L. to enhance Article 11 by obliging the Seimas to hold a special session to discuss the Ombudsmen’s annual report, ideally within a month of receiving it; [par 47] M. to amend Article 12 as follows: 1. Widen the Ombudsmen’s investigatory powers under par 2 so that the Ombudsmen may review all cases of potential human rights abuses against all public institutions, including, to a degree, the judiciary; [par 48] 2. Specify that while the Ombudsmen should not deal with private labour relations (par 4), labour relations between the State and civil servants should fall within their mandate; [par 49] N. to make the following changes to Article 13: 1. Remove ex officio investigations from this provision and regulate them in a separate article; [par 50] 2. Delete par 2 on the referral of cases by members of the Seimas; [par 51] O. to specify in Article 15 that the one-year deadline for filing complaints shall not apply to ongoing human rights violations; [par 52] P. to extend the deadline for assessing admissibility conditions to at least 14 days or, optimally, 30 days and allow for an extension of this time limit where necessary, in which case the complainant should be informed of such extension; [par 53] 5

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