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“We can make such a request at any time during the validity period of such measures if we have evidence that they are unfounded. It is already up to the court to decide how long it will take to process such a request; it is not regulated. Of course, we try to collect that material as soon as possible and send that request as soon as possible, ”Karolina Bubnytė-Širmenė, representative of the Government of Lithuania before the ECHR, told BNS.
He said he could not say a specific date by which this would be done, but said it would take “up to a few days” to prepare the application.
The representative of the Government to the ECHR stated that he could not comment on its content and arguments, which would be presented to the court, since their appearance in public before the filing of the application would be detrimental to the interests of Lithuania.
“We ourselves explained the facts, we watched the videos. The lawyer said yes, but the border guards have them too, ”said K. Bubnytė-Širmenė.
“We will do a little detective work now,” he added.
According to her, this ruling is important because the State itself cannot take measures to not comply with the provisional measures of protection provided by the ECHR.
K. Bubnytė-Širmenė also stressed that these measures are not the end of the case: the Afghans’ complaint against Lithuania is just beginning to be examined and the court will say whether Lithuania has treated them fairly.
The European Court of Human Rights on Wednesday imposed provisional measures in the case of five Afghan citizens against Lithuania, temporarily preventing their expulsion from the country.
The representative of the Government of the Republic of Lithuania said that this decision does not oblige Lithuania to admit these people and this is highlighted in the court decision itself.
The precautionary measures are valid until September 29.
The report indicates that the applicators are Afghan nationals who arrived in Belarus in August this year. The migrants say they fled Afghanistan because they would be persecuted by the Taliban regime, which has taken control of the country.
The ECHR was informed that the migrants were unable to enter Lithuania several times, were returned to Belarus and trapped at the border, and have been in hiding in Lithuania since 5 September.
Meanwhile, Lithuanian border guards say these migrants arrived at the Lithuanian border from Belarus on Thursday, so they were not admitted. Border guard Rustam Liubayev believes that the court may have been misled about the whereabouts of the migrants.
Asta Astrauskienė, a lawyer representing the Afghan law firm Spectrum legis, claims that they were in Lithuania and that Lithuania had no right to expel them to Belarus.
This year, more than 4.1 thousand people entered Lithuania through the border with Belarus. illegal migrants.
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