This acknowledges that the order to torture refugees, signed
by the Minister of the Interior, is illegal. The Minister of the Interior should be
tried in court of law. Since most of the released refugees from poor Lithuania immediately
disappear, that order does not bring any benefit to Lithuania. On the contrary,
Lithuania appeared to violate international and Lithuanian laws and moral
norms. There may also be court orders requiring refugees to be compensated with
our, taxpayers', money. The torture of Afghan refugees in Lithuania shows that our quest to
bring democracy to Afghanistan was a sham. It brings political damage to the
West.
"This week,
the Cabinet of Ministers will open a package of amendments to the laws prepared
in November, which would legalize the turning away of migrants at the border.
The Government
intends to take up amendments to the laws on the state border and its
protection and the legal status of foreigners during a meeting on Wednesday.
Once the projects are approved, they will be submitted to the Seimas, which
will make the final decision.
The amendments
would enshrine in the law the possibility of not allowing foreigners who intend
to cross or have crossed the state border in places not designated for that
purpose, or in places designated for that purpose, but who have violated the
procedure for crossing the state border, to enter Lithuania during a
state-level emergency and state of emergency.
"The Border
Protection Act says that during an emergency, being on the border section, in
most cases it's a five-kilometer section, if migrants cross the fence and are
detained at that border section, they are sent back. It is considered that they are not in the territory of Lithuania and are turned back to the side of
another country, the side of Belarus in this case," Deputy Minister of
Internal Affairs Arnold Abramavičius told BNS on Monday. (This is absurd. In reality they are in the territory of Lithuania. (K.)
According to the
vice minister, the border section covers about five kilometers from the border,
depending on the terrain, and migrants detained further from the border could
already submit an asylum request - such a possibility would be included in the
Law on the Legal Status of Foreigners.
According to A.
Abramavičius, this provision would implement the decision of the Court of
Justice of the European Union (EU), by which the provisions of the law, which
allow the detention of migrants simply for entering the territory of Lithuania
and do not provide an opportunity to submit an asylum request, were recognized
as contrary to European law.
"In that
case, if they were detained further than the border section, they would already
have the opportunity to apply for asylum, but the reversal procedure would only
be applied in an emergency situation." If both the state of emergency and
the emergency situation had been resolved, that provision regarding reversal
would not have been applied," said the vice minister.
According to the
draft, this provision would be applied individually to each foreigner, it would
not be applied when the aim is to ensure the entry or humanitarian entry of
foreigners retreating from military aggression, persecution or humanitarian
entry into the territory of Lithuania.
Inadmissible
aliens should be subject to a needs assessment. Migrants would be provided with
the necessary emergency medical or other necessary assistance if deemed
necessary.
After the influx
of migrants from Belarus last year, foreigners who entered Lithuania illegally
were expelled by order of the Minister of the Interior.
Critics say that
Lithuania's actions in turning migrants back to Belarus can be considered
expulsions that violate international law. In legal language, the government
defines turning away as the refusal to allow a foreigner to enter Lithuania,
even though they have already crossed the border. (This is absurd. In reality they are in the territory of Lithuania. (K.)
Amendments to the
Law on the Legal Status of Foreigners also allow foreigners to submit requests
for asylum, regardless of whether he entered Lithuania legally or illegally.
The draft law
would also abolish the provision that an asylum seeker can be detained if he
entered the territory of Lithuania by illegally crossing the state border.
These changes are
proposed in view of the decision of the Court of Justice of the European Union
last year that the legal norms of Lithuania, which do not allow illegal
migrants to apply for asylum and allow them to be detained simply for entering
the country illegally, contradict European laws.
"The Law on
the Legal Status of Foreigners talks about several points, taking into account
the decision of the EU Court of Justice, a certain verdict that the points of
our law are not fully in line with EU law, one about the grounds of detention.
We will amend it so that illegal migrants are not detained, but on the other
hand, it (EU court decision) does not question the possibility of restricting
migrants' freedom of movement, this will be taken into account", said A.
Abramavičius.
The law on the
legal status of foreigners would retain the currently valid provision that
until a decision is made to admit migrants to Lithuania, they are temporarily
accommodated at border checkpoints, the State Border Guard Service, the Refugee
Reception Center or in these places, without giving the right to move freely on
the territory of Lithuania.
In 2021, almost
4.2 thousand illegally arrived from Belarus to Lithuania. migrants, there are
about a couple hundred of them left.
The State Border
Guard Service (VSAT) announced that the vast majority of migrants escaped from
Lithuania after they were allowed to move freely.
According to the
data provided by A. Abramavičius on Monday, there are currently 193 migrants
who illegally entered the country via Belarus remaining in Lithuania.
VSAT claims that
Belarusian officials actively contribute to illegal migration to Lithuania and
the European Union."
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