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“As there are many hybrid threats in the states, it is natural that the powers of various institutions to combat them are strengthened, but at the same time it is necessary to strengthen independent control of intelligence activities,” said Laurynas Kasčiūnas, one of the authors. of the concept.
According to him, in accordance with the concept, it is proposed to establish an independent Ombudsman Intelligence Institute to monitor the activities of two services: the Department of State Security and the Second Department of Operational Services.
According to L. Kasčiūnas, the draft concept was prepared by a working group of representatives of various Seimas committees. It should be considered by the NSGC next week, and with its approval, the Seimas Board will be asked to form an inter-agency working group. You should already draft specific amendments to the law.
The NSGK president said it was necessary to have an independent controller to monitor how certain methods and certain heightened intelligence powers succeed the protection of human rights and other norms.
According to the member of the Seimas, the existing measures are currently insufficient, because such control requires specific knowledge, time and political independence. L. Kasčiūnas stated that the laws of Lithuania do not provide for independent intelligence monitoring, although other states have such institutions.
“We propose that the proposed ombudsman monitor the legality of the SSD (Department of Homeland Security) and AOTD (Second Department of Operational Services) and evaluate compliance with human rights requirements,” he explained. That said authority could, among other functions, attend to people’s complaints about the activities of intelligence institutions.
The intelligence controller must also evaluate the validity and legitimacy of the use of intelligence methods, monitor personal data processed by intelligence authorities for national security or defense purposes, handle complaints and inquiries from individuals about the activities of the intelligence authorities and investigate complaints from intelligence officers.
Said ombudsman would be appointed for five years by the Seimas and the same person could not be appointed to this position more than twice in a row. The Intelligence Ombudsman must submit public reports to the Seimas, and classified reports must be submitted to the NSGC.
Stasys Šedbaras, director of the Seimas Law and Order Committee, stated that this institution is intended to protect human rights, because in the relationship with the State, a person is usually the weak side of the relationship. The Seimas member pointed out that the activities of said ombudsman would be very specific.
The member of the Seimas Raimonundas Lopata emphasized that the future of democracy is inconceivable without the protection of human rights and the efficient work of state institutions. “We have gray spots in the laws related to criminal intelligence, and such a mechanism with changes in the law would guarantee a more transparent and fluid service of our service and the presence of our citizens in our republic,” he said.
The proposal to establish the institution of the intelligence ombudsman in Lithuania was revived when the Seimas arrived in late 2019 with a package of amendments to the laws introduced by President Gitanas Nausėda expanding intelligence powers.
Among other things, he proposed to legalize the possibility that the intelligence services summon people for a preventive interview. In addition, the intelligence services would have the right to inspect personal documents and carry out administrative arrests.
They were criticized by human rights defenders, and then opposition conservatives registered a proposal to establish an intelligence ombudsman. Subsequently, the same was proposed by the Seimas NSGK, which last spring carried out an investigation into the material allegedly illegally collected by the Department of Homeland Security, according to the rapporteur.
However, in May last year, the initiative was rejected by the votes of the then rulers – the peasants, the “social workers” and the Polish Lithuanian Election Campaign – the Union of Christian Families. Dainius Gaižauskas, a peasant who was the president of the NSGK at the time, said that the Institute of the Intelligence Controller was necessary, but he campaigned not to support the opposition project at the time, as his project was prepared by a worker . group formed by the Government.
The opposition proposed the creation of an independent intelligence Ombudsman’s Office to evaluate the legality of the actions of intelligence institutions and officials, the validity and legality of the application of intelligence methods, and investigate complaints from individuals.
At that time, according to the Government project headed by Prime Minister Saulius Skvernelis, there would be no separate ombudsman institution, but more powers would be given to the ombudsman of the Seimas. It would investigate complaints about the actions of intelligence agents, monitor the legality of the use of intelligence and the methods to collect it, etc.