Žalimas: Lithuania may have to answer before the ECtHR over the treatment of migrants

 This shows that we are ruled by completely illiterate individuals who use fascist methods of working with people. All the representatives of the Lithuanian elite are trying to show how each of them can treat people more and more cruelly, because this is liked by drunken and cruel rural voters. The fact that the Lithuanian state has to pay huge compensations by the court decision does not make a difference for the Lithuanian elite. Here's what have to pay for:

“Outraged by the poor housing conditions and the lack of full-fledged medical care for stuck migrants in Lithuania, there are rumors in the political circles that the state may have to interpret the European Court of Human Rights (ECtHR). Dainius Žalimas, a long-time chairman of the Constitutional Court and Dean of the Faculty of Law of Vytautas Magnus University (VMU), says that such a scenario is quite probable and names possible violations that could lead to lawsuits against Lithuania.

There is no doubt that there will be cases against Lithuania

“I have said consistently enough all along that restrictions such as detention without trial and collective reversal, without considering the individual situation of each person, would have been best declared, at least in border areas.

 

In such cases, the declaration of a state of emergency suspends the country's obligations under the European Convention on Human Rights. Both the conditions of deprivation of liberty and the prohibition of collective expulsion without considering individual cases.

 

If these commitments were suspended, we would have no case for this unless someone came up with the idea of ​​challenging the state of emergency, which I very much doubt.

It would be limited to the bare minimum, because even in an emergency, there is no denying the obligation to treat people humanely so that it does not amount to torture. However, this was not done, as a result of which Lithuania may receive cases.

 

I think that there will definitely be cases against Lithuania. I don't know how much, but it's only a matter of time, "said Professor D. Žalimas.

 

Former Chairman of the Constitutional Court of Lithuania, Professor D. Žalimas emphasized that the Constitution of the country does not allow persons to be detained for half a year or a year, as proposed, without a court decision.

 

Failure to provide effective treatment is tantamount to inhuman treatment

Migrants also complain that they do not receive full treatment, they receive only basic medical care. These complaints reach the Delfi editorial office on a regular basis, with migrants from all over the country.

Meanwhile, representatives of the Ministry of Social Security and Labor and its subordinate institutions have mentioned that this is due to the fact that these persons are not covered by compulsory health insurance. Migrants, in turn, reiterate that such an excuse is absurd, as they are forbidden to work or pay taxes.

It is especially common to complain that even children, including very seriously ill ones, do not receive adequate medical care. In addition, it is said that, for example, when a tooth is broken, only a pain pill is given, not a treatment.

D. When asked whether the harm could not be treated as inhuman treatment in the future, perhaps tantamount to torture, the professor mentioned that each individual case should be analyzed on a case-by-case basis.

 

"It can be stated that Lithuania is violating the European Convention on Human Rights by not taking proper care of people's health. If treatment is not the same as torture, then at least inhuman treatment. Because in this place it is still necessary to take care with effective treatment," said Professor D. Žalimas.

 

Will they also complain about life in tents?

 

The Dean of the Faculty of Law of Vytautas Magnus University reminded that more recently, both the courts of the country and, less frequently, the ECtHR have received claims from prisoners serving or serving prison sentences for inhumane conditions of detention. In his view, this story could be repeated, this time by lawsuits brought by dissatisfied migrants.

"Living conditions in tents can be treated as inhumane. Moreover, it is mentioned that they complain that they do not receive the necessary help, the person is forced to suffer, although it may not be. This can be equated with inhuman treatment and it is another direction where Lithuania can receive statements and cases against it.

Because the question is, are these really minimum conditions that are in line with human dignity, or can the state really not take care of them better? ”Said D. Žalimas and mentioned that migrants would undoubtedly have reasons to complain.

The story of a child who died in Rukla: Only a pre-trial investigation would help answer the questions

Last week, the Rukla Refugee Reception Center was shocked by the death of a seriously ill boy who came to Lithuania with his father. Protesting migrants blame the loss of a child because of delayed medical care, and call the general situation at the center a "tragedy".

According to them, the father of the ill-feeling child approached a night worker at the center about 3 p.m. night, the worker checked the child's condition and decided that an ambulance was not necessary. According to the migrants, the father repeatedly applied at about 7 p.m. in the morning, when the son was already very hot. An ambulance was called this time, the child was taken to the hospital, but the medics could no longer help him. Beatričė Bernotienė, director of the Rukla Refugee Reception Center, told reporters that the decision not to invite doctors for the first time was made by a social worker's assistant. She later assured that the first appeal to him while writing an emergency call was not at 3 p.m. morning, but 5 p.m.

When asked whether a person who made a decision to call or not to call an ambulance has medical education, competencies that allow diagnosing the patient's condition, B. Bernotienė told reporters that this person "has an education that allows him to determine whether a person needs help."

D. Žalimas mentioned that all questions and doubts should be answered by the pre-trial investigation. Representatives of the Seimas Ombudsman's Office have said about the potential possibility to start and assess not only the death of the child, but also the circumstances of the previous unrest, during which the police used tear gas. Mention was made of a letter being prepared for the Prosecutor General's Office.

"The question of the European Convention on Human Rights is whether everything has been done to save lives. It can be proved that not everything. In that case, there will be a violation of the Convention. Because there are procedural requirements, the state must do everything in its power to protect and preserve human life, ”said D. Žalimas, Professor of Law.

He predicted that if the pre-trial investigation revealed certain violations, we would probably not receive any statements to the European Court of Human Rights.

"If everything ends in terminating the investigation and not finding responsible persons, it is sometimes the case that the state is held liable under the European Convention on Human Rights when "a responsible investigation into the causes of death has not been carried out," said D. Žalimas, former chairman of the Lithuanian Constitutional Court.

The verdict of the lawyer: freedom of the media is unduly restricted

The legal expert also assessed the situation where the various authorities in the country restrict the media's ability to meet and communicate freely with migrants. The main reason for this is that when migrants are seen, migrants are outraged: they loudly express dissatisfaction with living conditions and protest.

"Freedom of the media is one of the cornerstones of a pluralistic society. The question therefore arises as to whether freedom of the media is not really unduly restricted, whether such restrictions are really in accordance with the Constitution, or whether they are in line with the European Convention on Human Rights.

I was of the opinion that an emergency was needed to restrict the freedom of the media, to prevent its representatives from entering certain areas, to prevent the free collection of information. Then everything would be clear.

Because now, in peacetime, it is not allowed to gather information from persons whose detention is entirely sanctioned by law, they are not subject to any pre-trial investigation, they are not the subjects who could not say anything. In any case, it should not be possible to restrict media freedom in such conditions, "said D. Žalimas.

The law professor also mentioned that migrants have the right to express their views and said they saw no legitimate reason to restrict it.

“One thing, if they could reveal some secret of the pre-trial investigation, then I understand. And living conditions (which migrants resent - ed.) Are not confidential information. There is no public interest in not knowing, there is no reason to restrict public information. Why can't the people of Lithuania know how refugees are considered, have real information about it? ", D. Žalimas considered."

It would be naive, even funny, to declare a state of emergency due to the fact that a handful of women, children and their parents crossed the Lithuanian border. What situation should be declared when a real war starts at the Lithuanian borders?