ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA
Investigation into the fundamental human rights
problems relating to the smoking ban in the
territory of the Central Prison Hospital
The Seimas Ombudsman conducted the investigation
into the fundamental human rights problems related
to the smoking ban in the territory of the Central
Prison Hospital (hereinafter also referred to as the
CPH), during which he assessed the applicable legal
regulation and other information collected during
the investigation.
In the course of the investigation, two groups of
persons held in the hospital, namely (1) patients
and (2) the convicted serving the imprisonment
sentence in the CPH were identified in accordance
with the regulations of the CPH and the internal
rules of CPH. Hence, at present the CPH is both
a penal enforcement institution and a medical
institution. In this context, persons held in the
hospital and the staff working in it must comply not
only with the provisions of the legal acts regulating
activities of prison institutions but also with the
provisions governing the activities of medical
institutions.
Under the current legal regulation, trade in tobacco
products and smoking (consuming tobacco
products and e-cigarettes) is prohibited without
exception in all health care institutions, while the
convicted serving the imprisonment sentence are
prohibited from keeping tobacco products in the
in-patient departments of the hospitals in places
of imprisonment and in secondary outpatient
personal health care units of health care services
of correctional institutions. In this context, those
prohibitions must apply both to the patients of the
CPH and to the convicted serving imprisonment
sentence in that institution.
The ban on the sale and smoking of tobacco
products in hospitals of the places of imprisonment
and their territories is enshrined in law and is
absolute, regardless of the status of the persons
there, although, under both the Penal Enforcement
Code and Internal Rules of Correctional Institutions,
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adult convicts serving a sentence in other
correctional institutions have the right to purchase
tobacco products and supplies and smoke. In this
context, the Seimas Ombudsman acknowledged
that those convicts, who were transferred to
continue serving their sentence to the CPH and
had the right to purchase tobacco products and
supplies and to smoke before their transfer were
placed in a worse position than those convicts, who
were transferred to other correctional institutions.
In order to ensure that the principle of equal
treatment of persons, who have been transferred
to the CPH to serve the imprisonment sentence and
who are not the CPH patients is not violated, the
Seimas Ombudsman applied to the Ministries of
Justice, Health Care, the Prisons Department and the
Department of Drugs, Tobacco and Alcohol Control
for clarifications and expert opinion.
Having assessed the request of the Seimas
Ombudsman within their remit, the said institutions
informed that in order to balance the interests of
smokers and non-smokers in the matter under
consideration, representatives of the Department
of Drugs, Tobacco and Alcohol Control, the Prisons
Department, the Ministry of Justice and Health
organised the inter-institutional meeting in which it
was recognised by consensus that the use of tobacco
products and related products is not prohibited in the
Republic of Lithuania, and that the specific status of
the arrested and convicted persons does not create
conditions for these persons to purchase and use
these products in other places. During the meeting
it was also noted that the convicted (detainees)
living and treated in prison hospitals and in their
territories cannot purchase and consume tobacco
products. Participants of the meeting decided to
initiate an amendment to the Law on the Control
of Tobacco, Tobacco Products and Products Related
to Tobacco Products, providing for an exception from
the absolute prohibition to sell tobacco products by
distance selling in institutions and to use tobacco
products and e-cigarettes in prison hospitals and
their territory.
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