The Bar Association calls for the excessive detention of M. Zalatorius and V. Sutkus



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Photo by Judita Grigelytė (VŽ).

After the police arrested Valdas Sutkus, president of the Lithuanian Business Confederation (LVK), and Mantas Zalatoris, president of the Lithuanian Bank Association (LBA), the Lithuanian Bar Association says the arrest of the leaders from major organizations is excessive. Representatives of partner business structures are also surprised by the enforcement actions and believe that more detailed information is lacking.

The text has been complemented by a comment from Transparency International

M. Zalatorius and V. Sutkus were detained Tuesday by the STT and the Attorney General’s Office during an investigation into the alleged large-scale bribery, bribery, influence peddling, property waste, and forgery of documents.

Called a faulty practice

“The Lithuanian Bar Association, in response to the arrest of known associations and individuals in our country, declares that pre-trial investigative officers must justify why the use of physical and psychological measures, the detention for two days, is it’s becoming the norm in pre-trial investigations, “the report said Tuesday.

“In the opinion of the Lithuanian Bar Association, the detention of the leaders of important Lithuanian organizations, for which transparency and reputation are the basis, is excessive. It is a measure that violates human rights and is intended to intimidate, humiliate or potentially condemn a person, ”he said.

Ignas Vėgėlė, president of the Lithuanian Bar Association, says that detention without revealing his need is a wrong practice: “In this case, the question arises why people are detained for up to 48 hours. And where will they be held during detention? It should be noted that the investigation began more than half a year ago, which means that it was possible to prepare documents for the court regarding the early detention measure and for the detention to apply to the court. “

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The Lithuanian bar community, according to the Bar Association, takes the position that detention for 48 hours. it should be used only as a last resort and in strict accordance with the reasons established in procedural law.

“Very often it is enough to conduct surveys, impose communication restrictions and seize,” said the bar.

It became “big news”

One of the country’s most influential business organizations, the Confederation of Industrialists of Lithuania (LPK), does not intend to take action for the arrest of its vice president, LBA chief M. Zalatorius.

Robertas Dargis, President of LPK, affirms that the arrest of M. Zalatorius and V. Sutkus is “great news”, but public information does not allow any action to be taken against M. Zalatorius.

“It just caught our eye then. We learned about this during the board meeting. At 10 am we all joined the meeting, M. Zalatorius did not attend, but warned yesterday that for some reason he would not attend,” R. Dargis told BNS.

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“However, what has been said so far does not allow us to react in any way due to the fact that there is an infinite amount of information,” he added.

He said that he had not heard any specific charges against Mr. Zalator by the heads of the Attorney General’s Office and the Special Investigation Service (STT).

“It has been many times since people were released after those notorious arrests and it turns out there was no crime in their activities,” said the industrial chief.

“Without clear and validated information, it would be at least indecent to take something against a little colleague,” he added.

Dargis also noted that both his and Zalator’s terms expire on June 30, and it is now difficult to say whether the LBA chief will be proposed to continue as LPK vice president.

Doesn’t believe in acting “in such a primitive way”

The LPK chairman was also unconvinced by the statements about the LBA’s activities in connection with the corporate income tax increase last year. Dargis said he could not believe that the LBA would function so primitively and pay money for the impact.

“If it relates to the bank tax, you could not believe that the banking association operating in Lithuania would try to avoid that tax and pay money for the impact.” Especially after the banks have been hit by money laundering scandals, when the bank’s shares have halved, “said R. Dargis.

He recalled that almost all associated business structures opposed the increase in taxes, including the bank’s income tax, last year.

“The activities of the associations aim to discuss with the legislators, the legislators. We are all operating in that area and probably all the associations spoke out against the tax increase last year,” he said.

“It is normal that we have all acted against him, there is nothing criminal here.” Where the money came from: I can’t comment on it because I don’t know. I can’t believe that the banking association operates in such a primitive way, “added R. Dargis.

When further bank taxation was discussed, it was initially proposed to tax the assets of banks operating in Lithuania, but then a more acceptable model was agreed: an increase in the corporate income tax.

Zalatorius himself spoke out against the bank asset tax, claiming that it would encourage banks to withdraw from the country, which would make banking services more expensive for individuals and businesses.

Lobbying rules are unclear

At that time, according to Rūta Skyrienė, Executive Director of the Association “Investor Forum”, the rules and limits of lobbying between legal and illegal lobbying in Lithuania are unclear and sometimes illogical.

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Commenting on the arrest of V. Sutkus and M. Zalatorius on suspicion of unlawful influence on the legislation, R. Skyrienė said that this would have a negative impact on companies and lobbying organizations.

The head of the Investor Forum said he did not fully understand why the LVK and LBA presidents had been arrested.

“My first reaction was that it was scary. You don’t want to believe. I also asked at the press conference, they can’t reveal everything, but so far I can’t understand why he was arrested. The only culprit is that there is a large quantity and it is not explained where it came from, ”R. Skyrienė told BNS.

According to her, lobbying rules and the boundaries between legal and illegal lobbying are blurred and illogical.

“Let’s say if you were invited to a Seimas committee session in person, that’s fine. But if you haven’t been invited in person, chances are that if someone follows you, the Official Central Ethics Commission (COEC) can say that has engaged in illegal lobbying, especially if it is not a registered lobbyist, “said an investor representative.

Communication with the government can become more difficult.

According to her, the rules of the Organization for Economic Cooperation and Development stipulate that participation in public and recorded events, for example, meetings of parliamentary committees, cannot be considered as illegal lobbying activities.

“It’s a public event, recorded, and the committee meetings are open. You see an interesting question at a committee meeting, you ask permission and you let yourself in. What kind of illegal lobbying can you do if you come to a public event?” R. Skyrienė asked.

He recalled a case in which a representative from the Investor Forum had been punished for attending a Seimas committee meeting because he had not been registered as a lobbyist. “Our man who attended the committee meeting was punished with our comments, it is true that he was not registered as a lobbyist. It was only summer and I could not participate,” said R. Skyrienė.

Neither V. Sutkus nor M. Zalatorius are on the list of lobbyists publicly announced by the COEC.

According to R. Skyrienė, the arrest of V. Sutkus and M. Zalatorius will have a “clearly negative impact” on business and lobby organizations.

“Firstly, because dialogue with politicians and public officials in general will have a good reputation for everyone. And therefore, officials are sometimes afraid of making decisions, which we see with the slow absorption of support, because they are afraid of making mistakes, of being suspected of wrongdoing or the like, “said R. Skyrienė.

“It can be even more difficult now, people will be even more tense. Cooperation with government institutions can be even more difficult. Now we have to show everyone that we are working honestly and trying to rebuild our reputation,” he added.

Call for better regulation

Sergei Muravyov, head of the Lithuanian branch (TILS) of the non-governmental organization Transparency International, which fights against corruption, says that there is a need to improve the legal regulation of lobbying activities.

“The main challenge is to clarify the influence, to make clear that our Lobbying Law provides for the declaration of meetings both by business associations, registered lobbyists, representatives of other organizations, and by the members of Seimas. I think we also need improve the Legislative Framework Law, to make it easier, clearer and faster to see who has changed any proposed bill, “S. Muravjov told BNS.

According to the TILS chief, declaring future meetings would help avoid similar stories. “I think that more transparency, more sunlight would allow us to anticipate long-term events and expect fewer similar stories, regardless of their outcome,” said Muravyov.

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According to him, politicians should adopt the “appropriate” lobbying law before the end of this Seimas period.

According to Muravyov, it must also be agreed that legitimate lobbying contributes to state decision making: “The question is whether we are ready to accept that lobbying, legal lobbying, is a daily part of decision making in our democratic state. In my opinion, it is important to agree that influencing is a consequence of human communication; there is nothing wrong with that in itself. The fact that we have not adequately regulated lobbying is a hostage to the rules that we have invented. ”

At the end of last year, “peasants” Ramūnas Karbauskis and Agnė Širinskienė had tabled amendments to the Lobbying Law, which proposed to compel politicians and officials to declare their lobbying activities. At the time, V. Sutkus described the “peasant” proposal as totalitarian control.

During the adoption stage, the wording was modified and the new version of the Lobbying Law was not approved.

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