Greening: Lithuania may have to answer to the ECHR on the treatment of migrants

There is no doubt that there will be cases against Lithuania.

“I have said quite consistently all the time that restrictions such as detention without trial and collective revocation without examining the individual situation of each person would have been better served by declaring emergency assistance, at least in border areas.

In such cases, the declaration of a state of emergency suspends the country’s obligations under the European Convention on Human Rights. Both the conditions of deprivation of liberty and the prohibition of collective expulsion. If these commitments were suspended, we would have no reason to do so unless someone came up with the idea of ​​contesting the state of emergency, which I highly doubt.

It would be kept to a minimum, because even in an emergency, the obligation to treat people humanely so that it does not amount to torture cannot be denied. However, this was not done, so Lithuania can receive cases. I think there will definitely be cases against Lithuania. I don’t know how much, but it is only a matter of time, ”said Professor D. Žalimas.

Professor D. Žalimas, former president of the Constitutional Court of Lithuania, stressed that the country’s Constitution does not allow people to be detained for half a year or a year, as proposed, without a court decision.

Failure to provide effective treatment amounts to inhumane treatment

Migrants also complain that they do not receive full treatment, they only receive basic medical care. These complaints reach the Delfi newsroom on a regular basis, with migrants from all over the country.

Meanwhile, representatives of the Ministry of Social Security and Labor and its subordinate institutions have mentioned that this is because these people are not covered by compulsory health insurance. Migrants, in turn, reiterate that such an excuse is absurd, since they are prohibited from working or paying taxes.

It is especially common to complain that even children, including those who are very seriously ill, do not receive adequate medical care. Also, it is said that, for example, when a tooth is broken, only a pain reliever is given, not a treatment.

D. When asked if the damage could not be treated as inhuman treatment in the future, perhaps equivalent to torture, the professor mentioned that each individual case must be analyzed on a case-by-case basis.

“It can be said that Lithuania is violating the European Convention on Human Rights by not taking adequate care of people’s health. If it does not amount to torture, at least inhuman treatment. Because in this place it is still necessary to take care of an effective treatment,” said the Professor D. Žalimas.

Will you also complain about life in the tents?

The Dean of the Faculty of Law of the Vytautas Magnus University recalled that, more recently, both the country’s courts and, less frequently, the ECHR have received complaints of prisoners who are serving or are serving prison terms for inhumane detention conditions. In his opinion, this story could be repeated, this time by lawsuits brought by dissatisfied migrants.

“The living conditions in the tents can be considered inhumane. In addition, it is mentioned that they complain that they do not receive the necessary help, the person is forced to suffer, even if it is not. This can be equated with inhuman treatment and it is another address where Lithuania can receive statements and cases against it.

Because the question is, are these really minimal conditions that are in line with human dignity, or cannot the State really take better care of them? ”Said D. Žalimas and mentioned that the migrants would certainly have reasons to complain.

The story of a boy who died in Rukla – only a pre-trial investigation would help answer the questions

Last week, the Rukla Refugee Reception Center was shocked by the death of a seriously ill child who arrived in Lithuania with his father. The protesting migrants blame the loss of a child for the delay in medical care and call the overall situation in the center a “tragedy.”

According to them, the father of the sick boy approached a night worker in the center around 3 in the afternoon. In the evening, he checked the boy’s condition and decided that an ambulance was not necessary. According to the migrants, the father repeatedly requested around 7 p.m. in the morning, when the son was already very hot. This time an ambulance was called, the boy was taken to the hospital, but the doctors were no longer able to help him. Beatričė Bernotienė, director of the Rukla Refugee Reception Center, told reporters that the decision not to invite a doctor for the first time was made by a social worker assistant. Later he assured that the first appeal requesting emergency was not at 3 pm in the morning, but at 5 pm

When asked if a person who made the decision to call an ambulance or not has medical education, skills that allow diagnosing the patient’s condition, B. Bernotienė told reporters that this person “has an education that allows you to determine whether a person needs help. “

D. Žalimas mentioned that all questions and doubts must be answered by the pre-trial investigation. Representatives of the Seimas Ombudsman’s Office have said about the potential possibility of initiating and evaluating not only the death of the minor, but also the circumstances of the previous riots, during which the police used tear gas. Mention was made of a letter in preparation for the Attorney General’s Office.

“The question of the European Convention on Human Rights is whether everything possible has been done to save lives. It can be shown that not everything. In that case, there will be a violation of the Convention. Because there are procedural requirements, the state must do everything in their power to protect and preserve human life, ”said D. Žalimas, a law professor.

He predicted that if the pre-trial investigation revealed certain violations, we would probably not receive statements before the European Court of Human Rights.

“If everything ends in terminating the investigation and not finding those responsible, sometimes it is the case that the State is responsible under the European Convention on Human Rights when” a responsible investigation has not been carried out on the causes of death, “said D. Žalimas, former president of the Constitutional Court of Lithuania.

Lawyer’s verdict: media freedom is unduly restricted

The lawyer also evaluated the situation in which the different authorities of the country restrict the ability of the media to meet and communicate freely with migrants. The main reason for this is that when migrants are seen, the migrants are outraged: they loudly express their discontent with living conditions and protest.

“Media freedom is one of the cornerstones of a pluralistic society. The question therefore arises as to whether media freedom is really unduly restricted, whether such restrictions are actually in accordance with the law. Constitution or if they are in line with the European Convention on Human Rights.

I was of the opinion that an emergency was needed to restrict the freedom of the media, to prevent their representatives from entering certain areas, to prevent the free collection of information. Then everything would be clear.

Because now, in peacetime, it is not allowed to collect information from people whose detention is fully sanctioned by law, they are not subject to any investigation prior to trial, they are not the subjects who could not say anything. In any case, it should not be possible to restrict freedom of the press under such conditions, “said D. Žalimas.

The law professor also mentioned that migrants have the right to express their opinions and said they did not see a legitimate reason to restrict it.

“One thing, if you could reveal any secrets from the pre-trial investigation, then I understand. And the living conditions (which bothered the migrants) are not confidential information. There is no public interest in not knowing, there is no reason to restrict public information. Why can’t Lithuanian people know how refugees are considered, have real information about it? ”, Commented D. Žalimas.