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13 April 1993
Doc. 6811
OPINION
on the application of the Republic of Lithuania
for membership of the Council of Europe 1
(Rapporteur: Mr OEHRY, Liechtenstein, Patriotic Union)
The Rapporteur of the Committee on Legal Affairs and Human Rights visited Lithuania with the rapporteurs of the Political Affairs Committee and the Committee on Relations with European Non-Member Countries from 24 to 26 June 1992. He subscribes to the report submitted by Mr Banks on behalf of the Political Affairs Committee (Doc. 6787). Nevertheless, he wishes to offer a brief opinion on behalf of the Committee on Legal Affairs and Human Rights in the light of the visit he paid to the country with the Sub-Committee on Human Rights from 22 to 23 December 1992.
It should first of all be noted that, in the meantime, elections were held on 25 October and 15 November 1992, observed by a delegation from the Parliamentary Assembly. These elections resulted in a change of majority. Mr Brazauskas of the Labour Democratic Party, which obtained the majority, is acting as the country's President until the presidential elections by universal suffrage scheduled to take place on 14 February 19932. A new Constitution was also adopted by referendum on 25 October.
The programme of meetings held on 22 and 23 December 1992 is appended hereto.
Human rights situation
The Constitution contains guarantees in regard to human rights, in particular the right to defend personal rights (Article 6), the right to life, freedom and human dignity (Articles 18-22), the right to own property and to the protection of privacy (Articles 23-24), the right to freedom of thought, conscience and religious faith and the right to equality before the law (Article 2a). The relevant legislation remains to be prepared. Those to whom the sub-committee spoke assured it that Lithuania would ratify the European Convention on Human Rights and accept its Articles 25 and 46 when it became a member of the Council of Europe.
In regard to Article 25 (acceptance of the right of individual petition), the Committee on Human and Citizens' Rights of the Seimas (Lithuanian Parliament) appears to attach greater importance to collective rights than to individual rights.
Separation of powers and organisation of the judiciary
The impartiality of the judiciary is guaranteed by the Constitution. It is forbidden to set up special courts. The members of the Supreme Court are elected by parliament and appointed by the President of the Republic. The same applies to the Court of Appeal. The sub-committee was assured that the separation of powers did indeed exist and that the Constitution was respected.
In case of doubt as to the constitutionality of a law or legal act, an appeal can be made to the Constitutional Court.
The Constitutional Court does not yet exist but is expected to be established after the presidential elections. The Constitution requires a member of it to have ten years experience, but this rule will not apply to the first appointment. One-third of the Court's members will be designated by the President of the Republic, one-third by the Parliament and one-third by the Supreme Court.
The judiciary and the system of legal studies are in the process of being reformed. One current problem is the establishment of courts of appeal. The Supreme Court was instituted in April 1990.
Death penalty
When questioned on the prospects for abolishing the death penalty, the members of the Committee on Human and Citizens' Rights reiterated what they had already told the rapporteurs during the previous visit, namely, that abolition was impossible because public opinion was unprepared and crime increasing.
Legislative work on the Criminal Code, however, will begin in the spring of 1993.
The Constitution prohibits torture.
Nevertheless the members of the committee are of the opinion that Lithuania should abolish the death penalty as soon as possible and ratify the 6th Protocol to the European Convention on Human Rights.
Situation of minorities
The representatives of the numerous minority groups heard by the sub-committee stated that there were no particular problems; it was observed that the law on citizenship was probably the most liberal in the Baltic countries. Only the Polish minority complained of irregularities in the elections but said that these should not prevent Lithuania from joining the Council of Europe.
The policy of the authorities towards minorities is based on two principles: to foster their renaissance and to uphold their religion and culture. Instruction in the minority languages is given in secondary schools.
Freedom of religion
The representatives of the four main religious faiths practised in Lithuania - the Orthodox, Catholic, and Lutheran Churches and Judaism - said they had no problems apart from the restitution of their property. Only the Catholic Church had recovered a large part of its possessions.
There were said to be no conscientious objectors imprisoned for their opinions.
Freedom of information
The biggest problem facing the printed press appears to be of an economic nature. The representatives of the press spoken to felt themselves free to express their opinions. The opposition press, however, claimed that information had been withheld by the government. Neither does there exist a right of reply.
Most information from abroad arrives via Russian channels. There are no regulations governing copyright and Lithuania is not yet a party to the Bern Convention. Journalists would like to see legal provisions in this area.
Other questions raised
Presence of the Russian army: the troops have begun to withdraw but so long as any remain their presence is regarded as a threat, as is the presence of troops in Kaliningrad. Membership of the Council of Europe is perceived as a safeguard.
"Rehabilitation": the Seimas Committee on Human and Citizens' Rights admitted the possibility that the persons rehabilitated as victims of Soviet repression might include a few cases of former Nazi criminals who had escaped justice.
Conclusion
After his two visits to the country, the Rapporteur concludes that Lithuania fulfils the conditions for membership of the Council of Europe: free elections have taken place, Lithuania respects the rule of law, human rights including the rights of minorities are respected, and the authorities have expressed their willingness to ratify the European Convention on Human Rights.
Visit by the delegation of the Sub-Committee on Human Rights
Vilnius (Lithuania), 22 and 23 December 1992
PROGRAMME
Tuesday 22 December 1992
10.00 a.m. Opening of the delegation's meeting in the parliament (Seimas) building
10.30 a.m. Meeting with representatives of the Committee on Human and Citizens' Rights and Minorities Affairs in the presence of representatives of the Committee on State and Legal Affairs
12 noon Meeting with representatives of the religious confessions of Lithuania:
- Reverend Aliulis, Catholic
- Reverend Mueller, Orthodox
- Reverend Kiauka, Protestant
- Mr Fishas, Jewish
15.00 p.m. Meeting with representatives of the political parties in the Seimas
- Labour Democratic Party
15.30 p.m. - Mr Landsbergis, Sajüdis Movement, Christian Democratic Party, Citizen's Charter Party and Freedom Party
16.30 p.m. - Social Democratic Party, Polish Faction
17.00 p.m. Meeting with:
- Mr A. Paulauskas, General Procurator
- Mr M. Losys, President of the Supreme Court and
- Mr P. Vitkevicius, Chairman of the Seimas Committee on State and Legal Affairs
18.00 p.m. Meeting with representatives of the media: Editors of the main newspapers, Directors of TV and Radio
Wednesday 23 December 1992
9.30 a.m. Meeting with representatives of the national minorities of Lithuania
Minorities invited: Belarussian, Estonian, Georgian, Hungarian, Jewish, Karaim, Latvian, Moldavian, Polish, Russian, Tatar, Ukrainian
10.30 a.m. Meeting of the sub-committee
11.00 a.m. Meeting with the Vice-President of the Republic of Lithuania
11.30 a.m. Press conference at the Seimas
Reporting committee: Political Affairs Committee (Doc. 6787)
Committee for opinion: Committee on Legal Affairs and Human Rights
Reference to committee: Doc. 6506, Reference No. 1752 of 25 September 1991
Opinion approved by the committee on 8 March 1993
Secretaries of the committee: Mr Plate and Ms Coin
2 2These took place on 14 February 1993 and Mr Brazauskas was elected President of the Republic.