ANNUAL REPORT OF 2019 ON THE ACTIVITIES OF THE SEIMAS OMBUDSMEN’S OFFICE OF THE REPUBLIC OF LITHUANIA
all the rights provided by the Law, investigate
complaints having objectively assessed the
circumstances complained about, make decisions,
issue recommendations to institutions, analyse
the follow-up information on the implementation
of recommendations, and, if necessary, take other
measures to ensure the effective implementation
of the recommendations. The Seimas Ombudsmen
actively respond to the information received from
media or by other means about possible abuse of
office by officials, bureaucracy or other violations
of human rights and freedoms. In such cases, the
Seimas Ombudsman conducts investigations on his
own initiative.
The right of the Seimas Ombudsmen to mediate
between the individual and the official who
refuses to address the individual’s problem is
the traditional right of ombudsmen exercised all
around the globe. This right is also provided for
in the Law on the Seimas Ombudsmen, according
to which the Seimas Ombudsmen can mediate
to have the individual’s problem resolved in
good faith. By mediating between individuals
and state or municipal institutions and issuing
recommendations, the Seimas Ombudsman draws
the attention of the officials to the shortcomings
of their work and violated human rights in the
sphere of public administration. If the mediation
procedure does not resolve the problem and the
recommendations are not followed, the complaint
is examined on the merits. It should be noted that
the mediation procedure makes it possible to
significantly shorten the time of investigation of
complaints and to resolve issues relevant to the
complainants within 1-1.5 months and to pay
greater attention to the pressing problems relevant
to a large part of the society.
Only when people are confident that their rights and
freedoms are protected and are effectively defended
in the event of their violation the confidence in the
State and its institutions will increase. The effective
protection of human rights and freedoms is ensured
by a variety of means: by investigating complaints,
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conducting investigations on own initiative,
mediating between individuals and the State,
collaborating with non-governmental organizations,
etc. It should be emphasized that human rights are
effectively protected only when all envisaged human
rights remedies are implemented, without prejudice
to the application of any of them.
National Prevention of Torture
Since 2014, the Seimas Ombudsmen have been
carrying out the national prevention of torture by
regularly visiting places of detention. According
to Article 19 1(2) of the Law on the Seimas
Ombudsmen, the place of detention is any place
under the jurisdiction or control of the Republic of
Lithuania, where persons are or may be deprived
of their liberty, either by virtue of an order given
by a public authority or at its instigation or with
its consent or acquiescence, i. e. arrest houses,
imprisonment institutions, social care homes, mental
health facilities, communicable disease treatment
facilities, places of detention of foreigners and other
institutions. According to the data available to the
Seimas Ombudsmen’s Office, there are more than
400 places of detention in Lithuania.
In carrying out the national prevention of torture,
the Seimas Ombudsmen exercise broad powers,
i.e. the right to choose which places of detention
to visit and who to interview, to enter all places of
detention and all the premises therein, to familiarize
themselves with their facilities and infrastructure,
to speak without witnesses with persons deprived
of liberty, as well as to question any other person
who may provide the relevant information. In
addition, the Seimas Ombudsmen have the right
to conduct inspections of the places of detention
together with selected experts. In performing this
function, the places of detention are regularly visited
and inspected to determine whether there are any
manifestations of torture, other cruel, inhuman or
degrading treatment, or any other forms of violation
of human rights; furthermore, the supervision is