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The only pre-trial investigation related to the Seimas elections in Kaunas was terminated. Although no crime was determined to have been committed, the confused photographer was detained for several hours.
He himself suggested calling the police.
“He himself offered to summon the police. And these agents exercised their right to detain the possible suspect of violation of public order for several hours allowed by law until the primary material is collected,” said Kauno Diena, who, according to she spearheaded the pretrial investigation. Kaunas District Public Prosecutor, Rita Mikalauskienė.
Kauno Diena wrote that this pre-trial investigation was initiated after a call from the chairman of the commission in the Drobė constituency, located at the Kaunas Youth and Adult Training Center in Šančiai, during the first round of elections to the Seimas. , according to the official report of the police officers on the reported incident.
The chairman of the voting station commission, who called the police, later confessed that he did not notice the stranger photographing and filming the stranger right away, but when asked what he was doing here and who he was, the guest replied to the same time: “And who are you?” He no longer allowed speeches, refusing not only to appear but also to show documents. In addition, there was confusion as some of the people captured by their vote began to demand that the photos be deleted. “We don’t know where they will be used!” – that was his argument. However, the stranger started taking pictures and everyone who tried to discipline him by calling the police forced the officers to take him out by force, as the guest was also inclined to communicate with them.
Photographer’s version
In a somewhat different way, the incident was recounted in an email received by the editorial staff, which no one signed.
“I decided to use my camera to capture the Seimas elections,” said the author of this letter, which was sent around five in the morning. The author of the letter assured that he tried not to disturb anyone and get away from the flow of voters. And he tried to remind disgruntled members of the electoral commission and observers that this is a public place. However, they told him that the photograph could only be taken with the permission of the commission. The author of the letter alleged that by not allowing him to do so, his rights enshrined in both the country’s Constitution and the Public Information Law had been violated.
The police, who arrested him in 1992. Born in Šilainis, launched a pre-trial investigation into the alleged violation of public order. In addition, the means of filming and photography in his possession were confiscated from the detainee. He was later released without any suspicion, only by questioning a special witness.
When there was a conflict, he just needed to get out, not delve into it.
And this highly educated person told the police that he had photographed the Seimas elections for his collection. And not in a Kaunas constituency. Before that, he photographed in the Šilainiai constituency, where he voted. Later, in the city center. In one of them, after telling the chairman of the commission that he wanted to take some photos, he still shouted: “Everyone is smiling!” and did not forbid anything. There were no claims and voters.
Nothing is legally allowed
According to the prosecutor, watching the video from the Canberra constituency shows that this hobbyist, who had not had any dealings with the police until then, photographed and filmed there for about half an hour. Until a voter didn’t like it.
“I wanted to photograph him casting his vote at the polls,” the photographer exclaimed to the police, who seemed uncontrolled after his behavior was outraged and the president of the electoral commission intervened. “In case of conflict, I just needed to get out, not deepen this,” the prosecutor said.
The decision to discontinue the pre-trial investigation was made after reviewing video received from the voting station and media content removed from equipment temporarily taken by the photographer. “After watching the video, I did not find anything illegal. The Seimas electoral law prohibits only filming or photographing at the polls. There is no mention of the prohibition of doing it in common areas. The photos do not prohibit anything either. Only wide shots,” said the fiscal.
According to her, it has not been established that this photographer violated public order, because the article of the Penal Code, which opened a pre-trial investigation, speaks of shameless behavior, threats, malicious harassment or vandalism, lack of respect for others or the environment and disturbance of order or public order. In order for a photographer to make such a suspicion, he had to use uncensored words, hit someone, hit him or remove inventory from the voting table, etc.
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