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As reported by the portal delfi.lt, The non-pecuniary damage suffered by the seventeen-year-old murdered was inherited by his mother.
According to the lawyer representing the family of the murdered Linas Žalnieriūnas, such a decision forms new jurisprudence: damages due to illegal actions and omissions by the state can be awarded even after death.
“The court agreed with the arguments and motives of our appeal that the brutally murdered girl suffered non-pecuniary damage and that her relatives (heirs) can claim such damages,” lawyer L.Žalnieriūnas told the portal. – The Court decided to change its established jurisprudence, which will undoubtedly have an impact on non-pecuniary damages in other branches of law, since it reasonably and reasonably determined that non-pecuniary damage could be awarded to the deceased, even if it did not file a claim for damages, since who died. “
The State was represented in this case by the General Assistance Center, the Communications Regulatory Authority and the Ministry of the Interior.
“It is a bold, fair and safer solution for all of us. Prior to this court decision, only non-pecuniary damage suffered by a family member or family member as a result of the deprivation of life of a person close to him could be claimed However, this decision recognized the right to claim and receive compensation for the damages suffered by the deceased person as a result of the negative experiences that occurred during the deprivation of life, “the family’s lawyer told the portal.
The relatives of the murdered, who filed a request with the court, asked to admit that the Lithuanian state, which had not ensured the real possibility of determining the location of the caller through the general helpline, had not fulfilled the established obligation by law, i. violated the directives of the European Union and the provisions of the European Convention on Human Rights.
Due to this rape, it was not possible to locate the girl in time when she requested help from the General Help Center, although European Union directives forced Lithuania to locate the caller on the general emergency number, regardless of whether the call is with or without a SIM card.
The Vilnius Regional Administrative Court previously held that the General Emergency Response Center, the Communications Regulatory Authority and the Home Office had a duty to ensure the proper functioning of the only European emergency call number 112 to locate the person who called, but they didn’t.
After evaluating the importance of mobile communication services for public security and the competence granted to the Ministry of the Interior to formulate and implement state policy in this area, the court concluded that there are sufficient reasons to establish the illegality of the actions (omissions) of each institution.
However, the court of first instance did not grant non-pecuniary damage to the murdered party, since it ruled that the victim had not filed a procedural claim to protect his substantive rights, nor had he defined the non-pecuniary damage suffered, therefore, his right to compensation for non-pecuniary damage it could not be assumed.
The SACL, after examining the case on appeal, did not agree with said judicial position.
“ The situation in question in the present case not only casts doubt on the experience, pain and resentment of the mother of the minor victim and the perception that the state authorities did not take the measures required by law to save their lives. from her daughter, but also that she suffered more non-pecuniary damage. the victim herself, ”the court said.
“The Chamber agrees with the arguments of the appeal that the details of the present case: the state, by not acting illegally through the responsible institutions, did not fulfill its duty to protect (minor) human rights and freedoms, there is detailed direct evidence reflecting exceptional spiritual experiences and the suffering suffered directly by the victim. ” recognize the mother’s right to claim compensation for the non-pecuniary damage suffered by the youngest daughter, “states the court ruling.
The damage will be paid by the Ministry of the Interior.
The Interior Ministry promises to pay a quarter of a million euros in non-pecuniary damages to the relatives of the girl burned in the trunk of a car in Dembava, advisory minister Božena Zaborovska-Zdanovič says.
“We welcome if there is a decision to pay that compensation, then it will be paid … That decision is appropriate and really, as an institution, we understand and sympathize with those who have been affected and do not really promise to complain or dispute any way”. An adviser to the interior minister told BNS on Tuesday.
The seventeen-year-old was killed on the morning of September 21, 2013. During the pre-trial investigation, it was established that Julius Jakubaitis and Deividas Antanaitis, intoxicated with alcohol and psychotropic and narcotic substances, saw a girl waiting at the bus stop. bus and they took her by force in a car.
After illegally depriving them of their liberty and the opportunity to resist, the men used sexual abuse against a minor. To cover up these brutal crimes, the defendants soon killed victims of the defenseless state by burning a live car in the trunk.
The girl, who called the General Assistance Center before her death, said that two men had raped and kidnapped her. She claimed to be transported in the trunk of the car, but authorities were unable to locate the caller. The girl interacted with BPC and the police for about an hour, but was not rescued. The plaintiffs consider that the police arrival time would have been shorter if the whereabouts of the victim had been established.
The girls’ murderers are sentenced to life in prison.
After the event in Dembava, his long-term boss, Artūras Kedavičius, resigned as head of the General Assistance Center.
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