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When the Swedish population was outraged by the crimes committed by the emigrants, the judges who examined the criminal case decided not only to impose a custodial sentence, but also to deport the country to Mindaugas Šiauliai, a 37-year-old resident of Mažeikiai who raped the girl.
But M. Šiaulys does not want to leave Sweden: the man convicted of the rape of a child declared that in Lithuanian prisons “discrimination between prisoners (convicts) and carers prevails”. Not only Swedish but also Lithuanian judges decided not to take into account those wishes of the criminal: it was decided that a man who has committed a serious crime should be imprisoned in his native land.
According to the case, Abukar Ahmed Mohamed, a 19-year-old Somali and Swedish citizen, invited a fourteen-year-old girl to meet through the dating app Snapchat. When she left her house, they put the teenager in a car and took her to an apartment. Lithuanian citizens M. Šiaulys and Aleksandras Makejevas, 56, were also driving the car at the same time.
They lied to the teenager in the car that they were all going downtown together, but they took her to one of the apartments. Here, M. Šiaulys paid money to the Somali Swede for having sex with a minor. Realizing that she had fallen into the trap, the girl tried to explain that she was only fourteen years old, and after resisting, but no one heard her ask for help, M. Šiaulys raped her. The desecrated teenager later contacted police officers.
M. Šiaulys was convicted of raping a child and illegally disposing of drugs, was sentenced to 5 years in prison and deported from Sweden for 15 years. At that time, Mr. McKayev, who had joined him, was sentenced by the court to three months in prison, and AA Mohamed, who had sold the child, was imprisoned for four years and ordered to pay about $ 10,000. . a fine of EUR.
Although the court decided to deport M. Šiauliai, who raped the teenager, from Sweden, the convict has not yet been returned to Lithuania. But his days abroad are already numbered: the Prison and Probation Service of the Kingdom of Sweden appealed to the International Law Group of the Ministry of Justice, asking that a Lithuanian citizen sentenced in Sweden be allowed to serve his sentence in his country of origin.
This request was referred to the Mažeikiai court. The judges, familiar with the data from the criminal case, stated that there were no obstacles to the transfer of M. Šiaulis to Lithuania, but the convict disagreed: after filing an appeal, he asked to be allowed to imprison him in Sweden.
“There are no safe conditions for serving a sentence in Lithuanian correctional institutions, discrimination between prisoners (convicts) and supervisors prevails in correctional institutions,” Mažeikiškis told the court. – By serving my sentence in a prison in the Kingdom of Sweden, I will have the opportunity to work, study and meet my relatives who live here: a brother and a sister. And I would not have those opportunities in Lithuania. “
But this request is unfounded, said judge Gražvydas Poškus, who rejected his complaint.
According to the court, Lithuania recognizes and enforces judicial decisions in criminal cases issued by another state of the European Union, as well as measures related to deprivation of liberty. This also applies in cases where Lithuanian citizens sentenced in foreign countries do not agree to be returned to their country of origin to fulfill the sentence imposed by the court.
“This consent of the person is not necessary,” the court noted.
Judge G. Poškus, who instructed M. Šiauliai to serve his sentence in Lithuania, noted that “the European Convention on Human Rights obliges the state to guarantee that the conditions of detention do not violate his human dignity, that the method and method the degree of suffering inherent in the detention and that their health and well-being are duly safeguarded in accordance with the practical needs of detention.
“There is no objective basis to establish that the above requirements will not be observed when M. Šiaulius is serving a custodial sentence in a prison in the Republic of Lithuania or that his rights and legitimate interests are not guaranteed,” the judge emphasized.
According to him, the mere fact that the convicted person does not agree to be transferred to Lithuania for the execution of the remaining custodial sentence in order to serve the custodial sentence more comfortably does not constitute a basis for a new decision.
In response to M. Šiaulis’ statements that he might not be safe in Lithuanian prisons, the court noted that “these circumstances are not of fundamental importance in resolving the issue of transferring the execution of a custodial sentence imposed to a sentenced in another state of the European Union to the Republic of Lithuania “.
According to the judge, if a convict serving a sentence in a correctional institution may endanger his health or life, the inmate may be isolated from other convicts by decision of the director of the correctional institution.
The court also emphasized that M. Šiaulys could not serve a prison sentence in Sweden and because he had been deported by a court order prohibiting him from entering Sweden for 15 years, until 2034. August.
“METRO. The transfer of Šiauliai to serve the remaining part of the sentence in the Republic of Lithuania will facilitate the social rehabilitation of the convicted person and will create more favorable opportunities for their integration into society,” Judge G. Poškus said.
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