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The Supreme Administrative Court of Lithuania has announced that the question of acceptance of the complaint of K. Venckus, who currently lives officially in the United States of America (USA), submitted to the State Service for the Protection and Adoption of Rights of the Child (VVTAĮT) under the Ministry of Social Security and Labor, must be examined by the Vilnius Regional Administrative Court. Previously, this court had refused to accept the complaint of K. Venckus and his lawyer Aid Venckus (he was the father of the plaintiff).
K. Venckus appealed to the court against the SCRPA decision, which refused to allow him “to see the cousin who had been forcibly disappeared”; In his complaint to the court, the son of N. Venckienė asked “to create urgent conditions to see the cousin who had been forcibly disappeared”.
“I don’t have the opportunity to personally communicate with my cousin’s mother, because I don’t know where she and my cousin are,” noted K. Venckus.
He also noted that he had no information about his cousin, although they had previously had “very close emotional ties.”
At that time, the representatives of VVTAĮT indicated that, according to the data available to the service, the cousin of K. Venckus and his mother “by decision of the General Commissioner of the Lithuanian Police are protected from criminal influence”, and the information Detailed information on the organization for the protection of protected persons is a state secret.
“The Office is not aware of and cannot provide information on K. Venckus’ cousin,” state authorities noted that they were unable to implement the provisions of the Civil Code regarding a “possible dispute over a child’s communication (dating) with a relative with whom he may have communications ”.
The Court of First Instance refused to accept Mr. Venckus’ appeal on the grounds that the dispute in the case related to a civil family relationship and ordered that a general (district) jurisdiction be used instead of an administrative one. Cut.
However, K. Venckus and the lawyer representing him appealed against this decision of the judges. His complaint alleges that SCAMI’s reasons that information about a younger cousin constitutes a state secret and is not known to the service, and that the service has no objective possibilities to implement legal provisions in a dispute over the communication of a child with a relative, they are “completely incomprehensible, unfounded and illegal.”
“The service must verify whether a person protected by the State attends school or has living conditions in the best interests of the child,” stated K. Venckus in his complaint that he has suffered and continues to suffer significant non-pecuniary damage as a result of the “forced disappearance” of his cousin.
The panel of judges of the Supreme Administrative Court of Lithuania, which examined K. Venckus’ complaint and delivered a final judgment, announced that the question of acceptance of the plaintiff’s complaint should not be examined in the general jurisdiction, but in an administrative court , which must be done by the Vilnius Regional Administrative Court.
The panel of judges noted that, according to the provisions of the Civil Code, “if the parents refuse to allow the child to communicate with the child’s close relatives, as well as with other relatives of the child with whom the child has ties emotional, the state child protection authority may compel parents to allow close relatives. , as well as other family members of the child with whom the child has emotional ties, to communicate with the child “.
Furthermore, according to the court, the SCRPA should ensure the implementation, protection and protection of the rights and freedoms of the child and the interests of the child in the Republic of Lithuania.
“The Service, by itself or through its structural units, protects and watches over the rights of the child and represents the rights and legitimate interests of the child in the territory of the municipalities 24 hours a day; cooperates with state and municipal institutions and non-governmental organizations in matters of guaranteeing the protection of children’s rights; it examines the requests of natural and legal persons, complaints related to the protection and protection of the rights of the child, takes the necessary measures to resolve the issues raised therein, “said the court.
According to the panel of judges, since K. Venckus’ cousin is protected from criminal influence and the detailed information about the organization of the protection of protected persons is a state secret, the trial court must assess whether the SCRPA , as a public administration entity, K. Venckus refuses to perform actions, the reasons are justified.
The Court also emphasized that it could not be unequivocally concluded that the dispute in the present case was dominated by family law and that the dispute was of a civil law nature.
K. Venckus with his mother N. Venckiene, then a member of the Seimas, in 2013. left Lithuania for the United States. Shortly afterwards, the Seimas held a trial for his indictment and the court took N. Venckienė, suspected of various crimes, into custody.
N. Venckienė in 2019 was taken to Lithuania in November, at which point her son remained in the United States.
In the criminal case currently pending before the Panevėžys Regional Court, N. Venckienė has been accused of failing to comply with the court decision by refusing to surrender her daughter, L. Stankūnaitė, whom she had been caring for until then. This girl is N. Venckienė’s brother, Drąsius Kedis, who is suspected in 2009. He killed L. Stankūnaitė’s sister and judge of the Kaunas Regional Court in October.
In addition, N. Venckienė has also been charged with obstructing the execution of a court decision by the bailiff, minor damage to L. Stankūnaitė’s health, and resisting public officials.
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