NATIONAL LEGAL FRAMEWORK CONCERNING THE APPLICATION OF CROSS-BORDER INSTRUMENTS
TO PERSONS WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
19
„As far as I know, there is not some
sort of formalised procedure on how
to assess and ascertain it. <…> In
Lithuania, there is a system where an
official who is in direct contact with the
person assesses the needs and decides
whether or not an interpreter is needed,
and this also includes other special
needs. <...> That system has flexibility,
but at the same time it has a huge
fundamental disadvantage because it
depends entirely on the discretion and
just common sense and humanity of the
officer who is in contact with the suspect
or the accused.”16
The right to a lawyer is expressly enshrined in Lithuanian
law. First, the person is informed of the EAW, and
informed of the right to a lawyer. If the person so
requests, the Lithuanian authorities (the General
Prosecutor's Office or the Vilnius District Court) contact
relevant authorities in the other country. In this way,
the person is given specific contacts that they can use.
However, the situation in Lithuania, as the requesting
state, is a little more complicated:
„In Lithuania, such a right is provided for
‘on paper’ but it is a complicated situation,
because in the document of the General
16
Quote from one of the semi-structured interviews.
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