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Principles and values
In a public letter, D. Mijatovič states that Lithuanian law “removes important safeguards in the asylum procedure”.
“This could jeopardize the principle of non-refoulement and the right to an effective remedy, as well as the situation of vulnerable people,” he said.
You can read the letter from the Council of Europe Commissioner for Human Rights to I. Šimonyte here.
The Commissioner also noted that the accommodation of asylum seekers and newly arrived migrants could be similar to de facto detention. Furthermore, it draws attention to the legally disorderly return of persons who tried to enter Lithuania irregularly into Belarus.
Lukas April / 15min photo / Migrants waiting for a decision on asylum in the Rūdninkai camp
In her letter, the Commissioner asks the Prime Minister how the government intends to ensure that the response to the challenges on the Lithuanian border does not conflict with its human rights obligations, including whether amendments to the law will be amended to bring the legislation completely. online.
However, in his letter, Mijatović stressed that he condemned any attempts by countries, whether or not they belong to the Council of Europe, to “actively encourage vulnerable people to cross borders, knowing that they are being left in a humanitarian crisis.”
However, the Commissioner added that the “only adequate response” of the ET member states was “to respond to such actions with respect for the principles and values of humanitarianism and the human rights to which they are committed.”
In particular, the Commissioner calls on the government to ensure that (migrants) are not returned to Belarus or other countries without the assurance of non-refoulement and collective expulsions.
“I am concerned that the new laws allow vulnerable people, such as unaccompanied minors, victims of torture and trafficking, to use expedited procedures, regardless of their specific situation,” Mijatovic said in a letter to the official website of the Council.
“Hybrid attack”
In his reply, I. Šimonytė rejects the criticism, albeit politely, and reiterates the government’s lines on the actions of the Minsk regime. You can read the Prime Minister’s response to D. Mijatovic here.
“There is reason to say that Belarusian officials are promoting the transport of migrants.
The Belarusian regime allows and encourages immigrants to enter Belarus legally and then supports the illegal crossing of the Belarusian border with the EU, “writes I. Šimonytė, who reiterates the official Vilnius position that the latest migrant flows are a “hybrid attack” of the Belarusian regime.
Lithuania initially accepted the asylum applications of all migrants who crossed the border illegally and accommodated them, which was justified by international obligations. However, with a significant increase in their flow, migrants have been reversed since August and applications are only accepted at official border crossings.
I. Šimonytė asserts that this does not violate Lithuania’s international obligations.
“There are no objective threats to citizens of Iraq, Africa or other third countries in Belarus. When interviewed at temporary receptions in the centers, most of them reveal that they came to Europe for economic reasons and through organized channels,” said the Lithuanian Prime Minister in her reply.
Photo by Julius Kalinskas / 15min / Ingrida Šimonytė
At the same time, it emphasizes that Lithuania still respects its humanitarian rights and obligations, regardless of its status, and tries to deal with the migration crisis in the best possible way.
“No human right can become less important than political or geopolitical assessments,” emphasizes I. Šimonytė.
It states that the amendments to the law mentioned by the Commissioner were passed to prevent the Belarusian regime from taking advantage of refugee status, that vulnerable groups may seek asylum illegally across the border, and that Lithuania respects both the principle of non-refoulement. and the need for effective defense.
This year, more than 4.1 thousand people have already entered Lithuania through the border with Belarus. migrants. Lithuanian officials call the increased migration flows a hybrid aggression by the Belarusian regime. As a result, a state of emergency has been declared in the country.
A decision has also been made to turn around people trying to cross the border illegally, which has significantly reduced the flow of people.
The Council of Europe is an international organization that promotes respect for human rights and freedoms through various conventions.
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