ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA
legal regulation in order to ensure the adequate and
appropriate workload of social workers assessing the
ability of individuals to take care of themselves and
make day-to-day decisions.
On instruction of the Government, the Ministry of
Justice indicated in its position on the implementation
of recommendations that it had applied to the
Association of Local Authorities of Lithuania
requesting municipalities to reassess whether there
were legally incapacitated individuals with their place
of residence in the particular municipalities, in whose
regard court decisions declaring the persons to be
legally incapable had been taken before 1 January
2016, and their review has not been requested yet
and, in the event of such decisions, to initiate their
referrals to court as soon as possible. The Ministry of
Justice also informed that municipal administrations
are not prevented from obtaining the data from the
Register of Legally Incapable Persons and Persons
of Limited Legal Capacity managed by the Centre
of Registers necessary for the performance of their
direct functions, and that the legal acts already
regulate in detail the procedure for processing,
supplying and using the data of persons who were
declared to be legally incapable by court.
The Ministry of Social Security and Labour has
informed that it plans to set a maximum number
of persons per social worker assigned the function
of assessing the persons’ ability to take care of
themselves and make daily decisions independently
or using assistance in a specific area. It is planned
to establish this provision in the Description of the
procedure for determining the ability of the person
to take care of himself and make daily decisions.
On the fundamental human rights problems
arising from physical abuse used by the law
enforcement officers in their activities
The Seimas Ombudsman conducted the
investigation into the fundamental human rights
problems arising from the application of physical
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abuse by the law enforcement officers in their
activities. This investigation assessed the compliance
with the provisions of legal acts of the Republic of
Lithuania regulating the conditions and procedure
for the use of physical abuse by officers and their
implementation in practice with the international
obligations of the State in the field of human rights.
The investigation found that provisions of Lithuanian
legal acts broadly reflect the principles of legality,
necessity, proportionality, adequacy, early warning
of the intended use of measures of physical exposure,
respect for human rights emphasised in international
human rights standards regarding the use of physical
violence.
However, it was noticed during the investigation
that different interpretation of provisions of
paragraph 223 of the Convoy rules approved by
Order No 1R-240/1V-246 of the Minister of Justice
of the Republic of Lithuania and the Minister of the
Interior of the Republic of Lithuania of 29 July 2005
on the approval of the Convoy Rules (hereinafter –
the Convoy Rules) suggests not only the problem
of application of the law, but also the need to
improve potentially contradictory legal regulation,
as the formulation ‘convoyers also apply handcuffs or
binding devices’ may adversely affect the convoyed
person’s legal position, infringe human rights and
create conditions for abuse by officers. According
to the assessment of the Seimas Ombudsman,
officers shall have the right to use special measures
against persons in the cases specified in paragraph
223 of the Convoy Rules only when this is an
inevitably necessary and proportionate measure for
officers in performing their functions and if other
(psychological) measures are ineffective.
Moreover, during the investigation it was also noted
that Article 5 (‘Presentation of suspects and accused
persons’) of Directive 2016/343 of 9 March 2016 of
the European Parliament and of the Council on
certain aspects of the presumption of innocence
and the right to participate in criminal proceedings
(hereinafter – the Directive), paragraph l of which
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