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

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