GOVERNMENT OF THE REPUBLIC OF LITHUANIA

GOVERNMENT OF THE REPUBLIC OF LITHUANIA Official translation government of the republic of lithuania resolution No. 1744 RELATING TO THE SECOND REPORT OF THE REPUBLIC OF LITHUANIA UNDER THE 1966 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 5 November 2002 Vilnius The Government of the Republic of Lithuania resolves: To approve the Second Report of the Republic of Lithuania under the 1966 International Covenant on Civil and Political Rights. Prime Minister                                                              Algirdas Brazauskas Minister of Foreign Affairs                                          Antanas Valionis Approved by Resolution No. 1744 of 5 November 2002 of the Government of the Republic of Lithuania SECOND REPORT OF THE REPUBLIC OF LITHUANIA UNDER THE 1966 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Vilnius 2002 INTRODUCTION 1.   In accordance with Article 40.1 of the International Covenant on Civil and Political Rights (hereinafter referred to as ‘the Covenant’) the Republic of Lithuania presented its first report on the measures taken in the implementation of the provisions of the Covenant to the United Nations in April 1997 (CCPR/C/81/Add.10). The UN Committee on Human Rights considered the report on 30 October 1997. 2.   This Second Report covers the period from the consideration of the First Report by the Committee on Human Rights to 1 September 2002. The Report has been drawn up in accordance with the Guidelines for the regular reports of the State Parties of the Covenant (CCPR/C/Rev.2). 3.   It is noteworthy that the Concluding Observations of the UN Committee on Human Rights were brought to the attention of all the competent public authorities of the Republic of Lithuania (see doc. CCPR/79/Add.87) immediately after the consideration of the First Report of the Republic of Lithuania under the Covenant on Civil and Political Rights. All the public authorities were asked to submit information on the measures taken with regard to the problems indicated. 4.   The present Report includes information on the essential amendments to the legislation of the Republic of Lithuania and changes in the actual situation which have taken place since the presentation of the First Report to the United Nations. The information presented in the First Report remains valid with regard to Articles 1, 5, 11, 18, 20 and 21 of the Covenant. 5.   This Report endeavours to give answers to the additional questions raised during the consideration of the First Report concerning various aspects of the legal provisions enshrined in the legislation of Lithuania (see doc. CCPR/C/SR.16340, CCPR/C/SR.1635, CCPR/C/78/Add.87). 6.   The reporting period was marked by an intensive development of legal acts and very important changes in the legal framework of the Republic of Lithuania. The process was largely influenced by the absence of firmly established policies in the implementation of the legal framework and the wish to get rid of the soviet model of legal regulation as soon as possible. 7.   In the period from 1998 to 2002 the following new codes were approved: the Civil Code, the Penal Code, the Code of Criminal Procedure, the Code of Civil Procedure, the Labour Code and the Code of the Enforcement of Penalties. The period also witnessed the emergence of the system of administrative courts; the abolition of death penalty; the transfer of the system of the enforcement of criminal penalties from the Ministry of the Interior to the institutions subordinate to the Ministry of Justice. 8.   The Constitutional Court, active since 1993, has been an important guarantor of the Constitution of the Republic of Lithuania, its supremacy in the legal framework and constitutional justice. The Constitutional Court determines the constitutionality of laws and other legal acts passed by the Seimas as well as the consistency of Presidential decrees or executive regulations of the Government with the Constitution of the Republic of Lithuania. From 1993 to July 2002, the Constitutional Court received over 1500 requests and inquiries raising doubts as to the constitutionality of one or another legal act. 9.   Since the First Report the Republic of Lithuania has acceded to the following very important international documents related to the protection of human rights: -     Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the Abolition of Death Penalty (signed on 18 January 1999, ratified on 22 June 1999); -     Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances (signed on 3 May 2002, submitted to the Seimas for ratification); -     1989 Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of Death Penalty (signed on 8 September 2000, ratified on 2 August 2001); -     Council of Europe Framework Convention for the Protection of National Minorities (signed on 1 February 1995, ratified on 17 February 2000); -     European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (signed on 14 September 1995, ratified on 15 September 1998); -     International Convention on the Elimination of all Forms of Racial Discrimination (signed on 8 June 1998, ratified on 10 November 1998); -     Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women (signed on 8 September 2000). 10. On 10 December 1998, the Republic of Lithuania signed the Statute of the International Criminal Court. The Statute is to be ratified by the Seimas of the Republic of Lithuania in the near future. 11. In compliance with its obligations under international multilateral agreements providing for a mandatory reporting mechanism, the Republic of Lithuania has prepared and submitted to the United Nations the following reports on the implementation of the obligation assumed: -     under the International Convention on the Elimination of all Forms of Discrimination against Women (see doc. CEDAW/C/LTU/1). The report was considered by the Committee on the Elimination of Discrimination against Women on 16 – 22 June 2002 (see CEDAW/C/SR.475, CEDAW/C/SR.473, A/55/38/paras. 118-165); -     under the International Convention on the Elimination of all Forms of Racial Discrimination (CERD/C/SR.Add.2). The report was considered by the Committee on the Elimination of Racial Discrimination on 5-6 March 2002 (see CERD/C/SR.1497, CERD/C/SR.1498, CERD/C/SR.1506, CERD/C/SR.1507, CERD/C/SR.1520); -     under the Convention on the Rights of the Child (CRC/C/11/Add.21). This report was considered by the Committee on the Rights of the Child on 17 January 2001 (CRC/CSR.683, CRC/C/SR.697, CRC/C/15/Add.146); -     under the International Covenant on Economic, Social and Cultural Rights. This report was considered by the Committee on Economic, Social and Cultural Rights on 22 July 2002. 12. The report under the Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment to the United Nation has been completed. The Government approved the report by Resolution No. 1287 on 13 August 2002. It should be submitted to the Committee against Torture in the near future. 13. In accordance with Article 25.1 of the Council of Europe Framework Convention for the Protection of National Minorities, the Republic of Lithuania submitted its report on the implementation of the Convention to the Council of Europe in October 2001. The report is under consideration by a special Council of Europe committee of independent experts. 14. On 2 April 2001, the Chairman of the Seimas of the Republic of Lithuania and a duly authorised representative of the UNDP signed a draft action plan on human rights. The action plan, the aim of which is to develop a plan for the protection and promotion of human rights in Lithuania, will be implemented in accordance with the outline of the global HURIST Programme launched by UNDP and the UN High Commissioner for Human Rights in April 1999. The draft action plan on human rights was developed on the basis of a prior report on the situation of human rights in Lithuania. 15. In pursuing the objective of strengthening the protection of human rights, the Republic of Lithuania established the institutions of the Ombudsman for Equal Opportunities and the Ombudsman for the Rights of the Child. 16. In 1999, the Republic of Lithuania started an intensive process of harmonisation of its legislation with the acquis communautaire. All the new draft laws and regulations of the Republic of Lithuania must be harmonised with the respective provisions of the EU legislation. Article 2 17. The laws of the Republic of Lithuania ensure to all individuals within its territory and subject to its jurisdiction the rights recognised by the International Covenant on Civil and Political Rights without distinction of any kind. Lithuania has created a legal framework for giving effect to those provisions of the Covenant. The laws of the Republic of Lithuania prohibit any discriminatory conduct of judicial or any other competent authorities as well as the passage of discriminatory legislation or any other legal acts. 18. By way of supplementing its first report (CCPR/C/81/Add.10, paras. 17-19) concerning the implementation of the provisions of Article 2 of the Covenant, the Republic of Lithuania present the following information on the changes in its legal framework. 19. In the period since the presentation of its first report, the Republic of Lithuania has continued the development and improvement of its legal framework. 20. On 14 January 1999 the Seimas of the Republic of Lithuania passed the Law on the Establishment of Administrative Tribunals, the Law on Administrative Proceedings and other related laws, which laid the foundations for the system of administrative tribunals that has been functioning since 1 May 1999. 21. The administrative judicial system of the Republic of Lithuania consists of five District Administrative Tribunals and the High Administrative Tribunal. The Law on Administrative Proceedings provides that every interested person shall be entitled to seek judicial protection of his rights or lawful interests that have been violated or disputed. Furthermore, the Law stipulates that justice in administrative cases shall be administered exclusively by courts on the principle of the equality of all persons before law and the judiciary without distinction of any kind, such as sex, race, nationality, language, origin, social status, religion, political or other opinion, occupation, place of residence or any other circumstance. 22. The Law on the Establishment of Administrative Tribunals provides for the establishment specialised administrative courts for the examination of (complaints) petitions concerning acts, actions or omissions by subjects of public or internal administration. In 2001, Administrative tribunals received 14,121 petitions; in the same year they examined 13,171 cases. 23. Administrative tribunals adjudicate in cases concerning: 1)   the legality of legal act adopted and actions performed by the entities of state and municipal administration, also the lawfulness and justifiability of the entities’ refusal to act within their remit or their delay in the performance thereof; 2)   compensation for material or moral damage inflicted on a natural person or organisation by unlawful acts or omissions in public administration by state or local government institutions, agencies, services or their employees; 3)   payment, reimbursement, enforcement of taxes and other mandatory levies; application of fines; tax disputes; 4)   applications concerning employment-related disputes where one of the parties is a civil servant or a municipal employee with administrative powers (including officials and heads of institutions); 5)   the decisions of the Chief Commission on Professional Ethics and its recommendations for the termination of employment of civil servants; 6)   disputes between entities of public administration which are not subordinate to each other concerning violations of their remit or breach of law, except for civil disputes under the jurisdiction of general courts; 7)   violations of the election or referendum laws; 8)   appeals against the judgement on a case of administrative violation of law; 9)   legality of the decisions or actions of public agencies, enterprises or non-governmental organisations with administrative powers in the area of public administration, as well as the legality and validity of their refusal or delay to perform actions within their competence; 10) legality of the acts of general nature adopted by public organisations, societies, political parties, political organisations or associations; 11) complaints of aliens concerning the refusal to issue a residence or work permit or the withdrawal thereof as well as complaints concerning the refugee status. 24. The institution of Ombudsmen was introduced on 31 March 1995. Ombudsmen are appointed by the Seimas of the Republic of Lithuania for a term of four years, so that at present the institution of five ombudsmen is in its second term. Ombudsmen investigate complaints about abuses of office or red tape by state or municipal officials. Every citizen has a right to lodge a complaint about the abuses of power or red tape committed by an official of a state or municipal institution within the jurisdiction of the respective Ombudsman. Ombudsmen also investigate complaints of the citizens of the Republic of Lithuania referred to them by Members of Parliament; they may also investigate complaints lodged by the citizens of other states or stateless persons. 25. On 1 December 1998, the Seimas passed the Law on Equal Opportunities, which came into force on 1 March 1999. On 20 April 1999, the Seimas appointed the Ombudsman for Equal Opportunities; on April 25 it established the Office of the Ombudsman for Equal Opportunities and approved the Statutes of the Office (for greater detail, see Points 32, 37-41 hereof on the implementation of Article 3 of the Covenant in Lithuania). 26. On 14 March 1996, the Seimas passed the Framework Law on the Protection of the Rights of the Child, which transposed all the essential provisions of the Convention on the Rights of the Child. On 25 May 2000, with a view to ensuring the implementation of the provisions and obligation enshrined in the Constitution and other legislation of the Republic of Lithuania as well as in international agreements, the Seimas adopted the Law on the Ombudsman for the Protection of the Rights of the Child, on the basis of which it passed a resolution on the Office of the Ombudsman for the Rights of the Child. The resolution specified the functions of the Ombudsman for the Protection of the Rights of the Child and the legal basis for the work of his/her office. The Office of the Ombudsman for the Protection of the Rights of the Child was established on 1 September 2000. The Ombudsman was appointed by a resolution of the Seimas on 1 November 2000 (for greater detail, see Points 284-293 hereof on the implementation of Article 24 of the Covenant in Lithuania). 27. The amended version of the Law on Courts was adopted on 24 January 2002; it came into force on 1 May 2002. Invoking the amended Law on Courts, the Seimas adopted the Law on the National Administration of Courts on 14 March 2002. Under the latter Law, the Department of Courts under the Ministry of Justice was retitled the National Administration of Courts, which became functional on 1 May 2002. It has taken over the functions of the former Department of Courts under the Ministry of Justice and exercises the functions of the founder of courts. The founder of the National Administration of Courts is the Supreme Court of the Republic of Lithuania. The National Administration of Courts performs the following functions: prepares materials for the General Meeting of Judges and the meetings of the Judiciary Council; conducts investigations, analyses and surveys at their instruction and draws up drafts of their decisions, resolutions and other legal acts; provides technical services to self-government judiciary institutions; collects information on the implementation of the decisions or resolutions taken by the General Meeting of Judges, the Judiciary Council or the Professional Judiciary Tribunal and submits it to the Judiciary Council or, on its instruction, to the General Meeting of Judges; analyses the work of the courts except for their administration of justice, submits proposals concerning the conditions for the work of the courts; organises and ensures centralised supplies of consumables and services to courts; prepares a consolidated statement on the budgetary expenditure of the National Administration of Courts, local courts, district courts and district administrative courts; accumulates, analyses and summarises the statistics related to the work of courts and presents it to the Judiciary Council, courts and the Ministry of Justice; manages the list and personal files of the applicants for judiciary vacancies in local courts; manages the personal files of judges and the register of aspirants to positions of career judges; considers applications, complaints and proposals falling within the competence of the National Administration of Courts and takes steps for the resolution of the problems raised; performs other assignments of the judiciary self-government institutions and some other functions provided for by law. Article 3 28. As indicated in the First Report of the Republic of Lithuania (CCPR/C/81/Add.10, paras. 20-21), the principle of equal opportunities is enshrined in the Constitution and guaranteed by a number of laws of the Republic of Lithuania. 29. The Constitution guarantees the equal rights of men and women to work, education, social and health protection, etc. The principle of equality is based on the equal rights of both genders, their responsibilities and opportunities in all the areas of life – public authorities, professional activities, business. Article 29 of the Constitution reads: “A person may not have his rights restricted in any way, or be granted any privileges, on the basis of his or her sex, race, nationality, language, origin, social status, religion, convictions, or opinions.” 30. It is noteworthy that Lithuania has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and the International Convention on the Elimination of all Forms of Discrimination against Women (On 16-22 June 2000, Lithuania presented successfully its first and second reports under the Convention on the Elimination of all Forms of Discrimination against Women). On 8 September 2000, Lithuania signed the Optional Protocol to that Convention. The Republic of Lithuania has also acceded to a number of conventions of the International Labour Organisation and UNESCO prohibiting discrimination. 31. The principle of equal opportunities is also enshrined in a number of Laws such as the Law on Elections, Referendum, Employment Contract, Civil Service, Safety and Health at Work, Support to the Unemployed, and many other laws and codes. 32. In accordance with the Law on Equal Opportunities adopted on 1 December 1998, the institution of the Ombudsman for Equal Opportunities was established in 1999 to investigate complaints about the violations of this Law and to impose administrative sanctions for them. The aim of the Law on Equal Opportunities is to ensure the implementation of the principle of equal opportunities enshrined in the Constitution of the Republic of Lithuania. The Law also defines the duties of public authorities, education, research and studies institutions and employers in the implementation of equal opportunities. 33. The analysis of the legislation of the Republic of Lithuania from the point of view of equal opportunities, conducted in 1999, showed that the main laws of the Republic of Lithuania are consistent with the principle of equal opportunities as it is defined in international legal acts. 34. In order to facilitate the practical implementation of the respective legal provisions, the Plan of the Implementation Measures of the Programme of the Government of the Republic of Lithuania for 2001-2004 provides for the development of a State Programme for Equal Opportunities by the end of 2002 and its implementation by the end of 2004. The Programme is to identify existing problems in various spheres and to provide for measures for their resolution. The problems causing greatest concern in this respect include the economic and social situation of women, women’s health, violence against women, prevention of trafficking in women, etc. 35. The institutional mechanism for the implementation of equal opportunities, the development of which started as early as 1994, consists of several tiers – parliamentary, governmental, private and voluntary. The Seimas of the Republic of Lithuania has a standing Commission on Family and Children’s Affairs, and a parliamentary group of women members of the Seimas. At the governmental level, the Ministry of Labour and Social Security co-ordinates the formation and implementation of policies ensuring equal opportunities. 36. On 7 March 2000, the Government established the Commission on Equal Opportunities, which includes representatives of all the ministries and two State Departments (6 men and 12 women). Each commissioner is responsible for the implementation of the principle of equal opportunities within the jurisdiction of the institution he or she represents. 37. On 20 April 1999, the Seimas approved the Ombudsman for Equal Opportunities and on 25 May 1999 established the Ombudsman’s Office for Equal Opportunities. Every natural or legal person has a right to lodge a complaint about a violation of equal opportunities. The officials of the Ombudsman’s Office investigate complaints about discrimination, sexual harassment; they also carry out such investigations at their own initiative if they become aware of violations of the principle of equal opportunities from the media or other sources; present proposals within their competence to public and governmental authorities on the improvement of legal acts and priorities in the area of equal opportunities; perform the function of a watchdog on discriminatory advertisements in the media; examine cases of administrative violations and impose administrative penalties within their competence. 38. Compared to the two previous years, the number of complaints and investigations conducted at the initiative of the Ombudsman for Equal Opportunities have increased considerably. While in the two previous periods, from 25 May 1999 to 14March 2000 and from 15 March 2000 to 14 March 2001, 31 and 52 complaints were received respectively, and 4 and 5 investigations conducted at the initiative of the Ombudsman, the period from 15 March 2001 to 14 March 2002 saw 63 complaints and 10 investigations conducted at the initiative of the Ombudsman. 39. At the time when the Seimas passed the Law on Equal Opportunities and established the Omubdsman Office for Equal Opportunities to control the implementation of the Law, most people thought that the Office would be engaged in the protection of women’s rights. It must be noted, however, that a considerable number of men have lodged complaints with the Office requesting that their rights be protected. 40. The Law on Equal Opportunities empowers the Ombudsman to take respective decisions. Most of such decisions are recommendations for state institutions to repeal certain legal acts which are in violation of equal rights. The Law also provides for a possibility to refer the case to law enforcement investigative institutions if the Ombudsman discerns elements of crime. The Ombudsman has used this possibility on several occasions (related to sexual harassment, degrading treatment at work). 41. It must be noted that the decisions taken by the Ombudsman are successfully implemented. Not a single of them has been appealed against in court and not a single institution in receipt of such a decision has disputed it. Some decisions recommending the repeal of a legal act in violation of equal opportunities have not been implemented yet due to objective reasons (such as the time factor, the necessary procedures, etc.), but all of them have been supported in principle. Therefore it can be said that the decisions of the Ombudsman for Equal Opportunities are effective. 42. The implementation of the policy in equal opportunities depends a great deal on the co-operation with non-governmental organisations. Lithuanian women’s organisations (at present there over 70 such organisations) are very active both at the national and international levels. Four women’s study centres are active in the education and publishing field. One of such active organisations is the Women’s Information Centre, which initiates social surveys, accumulates statistical information on the employment rates of men and women, entrepreneurship, education, family problems, causes of violence against women and trafficking in women. It also organises education activities and promotes the implementation of the principle of equal opportunities. 43. There are changes in the representation of women both at the political and public administrative levels, which can be illustrated by the statistics of the participation of men and women in national elections. Candidates and elected Members of Seimas by gender Candidates Elected members Men Women Men Women % % % % Seimas VII (1992) 732 88.2% 98 11.8% 131 92.9% 10 7.1% Seimas VIII (1996) 1071 79.4% 278 20.6% 113 81.9 25 18.1% Seimas IX (2000) 1039 81.7% 232 18.3% 126 89.4% 15 10.6% 44. Participation of men and women in public administration: as of May 2001: the total number of civil servants was 20,025, including political appointees (284 women and 526 men), career civil servants (11,995 women and 7220 men). In 2001, the Lithuanian police had 2390 women police officers and 14,273 men officers. Two women were in charge of police city or region commissariats. The Lithuanian Army has 1500 professional soldiers, including 1065 women. Among its 2186 military officers there are 231 women officers (holding the rank of lieutenant colonel – 1, major – 5, captain – 128). At the beginning of 2001, there were 342 women prosecutors and 478 men prosecutors, 322 women judges and 309 men judges, 330 women lawyers and 537 men lawyers, 181 women notaries public and 8 men notaries public. 45. Education is one of the areas where women have achieved the greatest results. Our State does not have any problems concerning women’s illiteracy or lack of education opportunities. This statement can be substantiated both by the data of the Department of Statistics under the Government of the Republic of Lithuania for 1995-2001 and by the data of the surveys of education institutions conducted by the Ombudsman Office for Equal Opportunities. Since 1990, the proportion of women students in post-secondary and higher education institutions has been increasing rather steadily: in 1990, women studying in post-secondary institutions accounted for 50.8 per cent, in higher education institutions – for 51.9 per cent; in 2001 the percentages were 63 per cent and 60 per cent, respectively. 46. The purpose of the Law on Equal Opportunities is to ensure the implementation of the equality of men’s and women’s rights enshrined in the Constitution of the Republic of Lithuania and to prohibit any discrimination, direct or indirect, on the basis of a person’s sex. Subject to the Law, vocational, post-secondary or higher education institutions must ensure equal enrolment opportunities for men and women and equal opportunities in the choice of teaching programmes and courses and equal treatment in the assessment of their knowledge. 47. Since 1999, having regard to that provision of the Law, the Ombudsman Office for Equal Opportunities has conducted annual surveys of the entrance rules to post-secondary and higher education institutions and the proportion of men and women actually enrolled. The only violation was disclosed in the Jonas Žemaitis Military Academy of Lithuania in 1999. After the investigation and presentation of recommendations, the Academy changed its entrance rules so that for the last three years women can successfully compete with men in entering the Academy. 48. The Law on Education and other legal acts related to it treat women and men equally. General education schools have approximately the same number of boys and girls – their proportion has not changed for the last decade. 49. From the point of view of gender representation among scientists and researchers, we find the following picture: in 2000, among the scientists and researchers there were 1822 women (34 per cent) and 3511 men (66 per cent); among habilitated doctors there were 110 women (14 per cent) and 685 men (86 per cent), including full professors (62 women (10 per cent) and 547 men (90 per cent)), docents (20 women (23 per cent) and 67 men (77 per cent)). The number of women holding a doctor’s degree was 1664 (38 per cent), the respective figure among men was 2683 (62 per cent), including full professors (6 women (14 per cent) and 37 men (86 per cent)), and docents (741 women (33 per cent) and 1493 men (67 per cent)). Article 4 50. As it was indicated in the First Report (CCPR/C/81/Add.10, para.23), the Constitution provides for a possibility to declare martial law or a state of national emergency. However, martial law or a state of emergency has never been imposed in the Republic of Lithuania. 51. Article 144.3 of the Constitution stipulates that the state of national emergency shall be governed by law. The Law on the State of National Emergency was adopted on 6 June 2002. The Law regulates matters related to the introduction of a state of emergency (which human rights and freedoms may be restricted after the introduction of a state of emergency on the entire territory of the state or in some part of it, what subjects may do it, by what actions and under what circumstances). The restrictions on the exercise of human rights and freedoms and other extraordinary measures and their application under a state of emergency are defined in Section IV of the Law. The Law also indicates the rights which may not be restricted. The general position is that the restrictions may not go counter the obligations of the Republic of Lithuania under international law. 52. Another law defining restrictions of human rights under extraordinary circumstances is the Law on Martial Law of the Republic of Lithuania adopted on 8 June 2000. Section III thereof lays down the rules governing the restriction of human rights and freedoms (when, what subjects, by what actions, which rights and freedoms). Subject to this Law (Articles 8-15), the following rights and freedoms may be restricted under martial law: the right to personal privacy, the privacy of one’s home, expression of one’s convictions, search of and access to information, the right to disseminate information, the freedom of movement, the right to unite in political parties, political organisations, non-governmental organisations or associations, the right of assembly. 53. Under martial law or a state of emergency, the Law allows a temporary restriction of those human rights and freedoms which are specified in Article 145 of the Constitution of the Republic of Lithuania. It also specifies the rights and freedoms which may not be restricted under any state of emergency. Article 12 restricts the right of entry into the Republic of Lithuania during martial law while Article 13 restricts the right of return to the Republic of Lithuania and the right of settlement on the territory of Lithuania under martial law. 54. The legal provisions of the Republic of Lithuania are in line with the provisions of Article 4 of the Covenant and Articles 14 and 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms allowing a state to take measures derogating from its obligations under the Covenant (provided that such measures are not inconsistent with its other obligations under international law and do not involve discrimination on the ground of race, colour, sex, language, religion or social origin). Article 6 55. Since the presentation and consideration of the First Report, the Republic of Lithuania has made a step of exceptional importance – it abolished death penalty in 1998. No death penalty had been executed since 1996. The last execution took place on 12 July 1995. 56. The legal basis for the abolition of death penalty was the judgement of the Constitutional Court, delivered on 9 December 1998, which declared death penalty as provided for in Article 105 of the Criminal Code of the Republic of Lithuania to be contrary to Articles 18, 19 and 21.3 of the Constitution of the Republic of Lithuania. On 21 December 1998, invoking this judgement of the Constitutional Court, the Seimas adopted a law on the amendment of the Criminal Code by replacing death penalty with life imprisonment. 57. Shortly after that, the obligations of the Republic of Lithuania concerning the abolition of death penalty were transposed at the international level. On 22 June 1999, the Seimas ratified Protocol 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of death penalty, which came into force for the Republic of Lithuania on 1 August 1999. 58. On 2 August 2001, the Seimas ratified the 1989 Second Optional Protocol to 1966 International Covenant on Civil and Political Rights, concerning the abolition of death penalty (it came into force for the Republic of Lithuania on 27 June 2002). 59. On 26 September 2000, the Seimas adopted a new Criminal Code of the Republic of Lithuania (to come into force on 3 May 2003) which does not provide for death penalty. 60. On 3 May 2002 the Republic of Lithuania signed Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, concerning the abolition of the death penalty in all circumstances. It has been submitted to the Seimas for ratification. Article 7 61. By way of supplementing the information supplied in its First Report (CCPR/C/81/Add.10, para. 32-33), the Republic of Lithuania presents the following information on the implementation of the provisions of Article 7 of the Covenant in Lithuania. 62. Article 21 of the Criminal Code, currently in force, on penalties and their purpose provides that penalties may not be used to inflict physical pain or to subject a person to degrading treatment. Article 41 of the Criminal Code provides for higher penalties for aggravated crimes which involve special cruelty to or suffering of the victim. Cruelty as an aggravating circumstance is provided for in Article 105 (intentional murder under aggravating circumstances), Article 111 (intentional serious bodily injury, causing an illness), Article 112 (causing intentional bodily injury or an illness graver and more serious than ordinary), Article 117 (battery and cruel torturing). 63. In a similar way, the new Criminal Code stipulates that if a criminal act is committed by torturing the victim or subjecting him/her to degrading treatment, it is to be considered an aggravated criminal act. 64. The Republic of Lithuania is a State Party of the 1984 UN Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which came into force for the Republic of Lithuania on 2 March 1996. 65. In March 1999, Lithuanian acceded to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and its two Protocols, which came into force for the Republic of Lithuania on 1 March 2002. 66. In February 2000, the European Committee for the Prevention of Torture (hereinafter referred to as ‘CPT’), set up under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, inspected detention facilities in the Republic of Lithuania such as police lock-ups, corrective labour facilities and the Centre for the Registration of Aliens. 67. On the basis of the information collected during the inspecting visits, the CPT drew up a report with recommendations to the Government of the Republic of Lithuania concerning the protection of the rights of the detainees in the detention facilities inspected. With the approval of the Government, the CPT report was made public on the Internet at: www.cpt.coe.int. In response to the CPT recommendations, the Government presented a detailed report on the measures taken. 68. On 11 May 2000, the Seimas enacted the Law on the Ethics of Biomedical Research. The Law sets forth requirements and principles for ethics of biomedical research, the procedure for giving approval to conduct biomedical research, the procedure for control of conducting biomedical research and liability for infringement of the provisions of this Law. The Law stipulates that biomedical research must be conducted according to the principle whereby “the interests of the human being prevail over the interests of society and science.” 69. Subject to the Law, biomedical research may be carried out only with an express written consent of the research subject. Human embryos may not be subjects of biomedical research, they may be subjects only of clinical observation. Cloning of human being is prohibited. 70. Article 5 of the Law on Ethics of Biomedical Research sets forth a list of vulnerable persons who can be subjected to biomedical research only with regard to the conditions enumerated in Article 7 thereof: if this kind of biomedical research may be carried only on vulnerable persons; if the results of biomedical research have the potential to produce real and direct benefit to the health of research subjects; if a biomedical research shall not pose a risk to the health or life of the research subject. 71. Biomedical research may not be conducted on the inmates of prisons or other detention facilities. 72. The Law provides for the liability of the sponsor and the investigator for damage resulting from injury to the health of a research subject or his death as well as for research-related non-pecuniary (moral) damage caused by biomedical research. 73. In 1997, the Republic of Lithuania signed the Convention for the Protection of Human Rights and Dignity of the Human Being with regard to the Application of Biology and Medicine and its additional protocol on the Prohibition of Cloning Human Beings, adopted on 12 January 1998. Article 8 74. By way of supplementing the information supplied in its First Report (CCPR/C/81/Add.10, para. 34), the Republic of Lithuania presents the following information on the implementation of the provisions of Article 8 of the Covenant in Lithuania. 75. There is no slavery in the Republic of Lithuania in the true sense of the word. However, Lithuania, like a great number of other countries, faces the problem of trafficking in human beings, particularly women, and the problem of illegal immigrant trafficking. 76. One of the most important tasks of the Government in conducting the legal reform as well as law enforcement and internal policies is the implementation of radical measures of crime prevention (particularly organised crime) and crime control: the systematic elimination of the causes; modernisation and strengthening of the institutional system of law enforcement and other institutions; support to the activities of non-governmental organisations; destruction of the networks of criminal enterprises engaged in trafficking in human beings and organisation of prostitution, abuse and commercial exploitation of children. 77. The Government rallies the efforts of law enforcement institutions and other public and non-governmental organisations to implement the provisions of the legislation of the Republic of Lithuania and international agreements concerning trafficking in human beings. On 3 July 1995 Lithuania ratified the United Nations Convention on the Rights of the Child; on 10 September 1995 it ratified the United Nations Convention on the Elimination of all Forms of Discrimination against Women, Article 6 whereof obligates to take all necessary measures to stop all forms of trafficking in women and their use for prostitution. 78. Trafficking in human beings and the related forms of organised crime such as illegal migration, smuggling, trafficking in weapons and narcotics has become one of the most serious threats to the national security of the country. The Seimas and the Government have taken legal and organisational measures for the containment and prevention of such processes and the development of the necessary mechanism of their control. 79. Having regard to the gravity of the problem of trafficking in human beings, the Government approved a Programme for the Control and Prevention of Trafficking in Human Beings and Prostitution for 2002-2004 as part of the implementation of the plans of measures for the harmonisation and implementation of the acquis under the National Programme for the Adoption and Implementation of the Acquis. Trafficking in human beings and prostitution is a social phenomenon, therefore the system of its control and prevention will include a complex of measures including educational, social, economic and medical measures, legal measures at national and international levels, scientific, organisational, tactical, informational, analytical, financial and a number of other measures. 80. After the implementation of the Programme, the combat with specialised criminal groups will become more effective. The Programme provides for the development of a social help system, which will act as a factor of containment of the involvement of new persons in prostitution; the creation of favourable conditions for social, psychological and legal support to the victims of prostitution and trafficking in human beings; the improvement of search for missing persons; the development of an information system facilitating the prevention, investigation and discovery of cases of trafficking in human beings; expansion of international co-operation, support to non-governmental organisations. The Programme also provides for the implementation of a preventive educational programme in the schools of general education, the development, at the State Border Control Service under the Ministry of the Interior, of a computerised database of detained holders of fraudulent documents, persons suspected of procuring in prostitution, missing persons, persons deported from other countries and the Republic of Lithuania; the implementation of the recommendations of international legal acts and international organisations in the area of trafficking in human beings. 81. On 13 December 2000, the Republic of Lithuania signed the United Nations Convention against Transnational Organised Crime, ratified by Seimas on 19 March 2002. On 25 April 2002, the Republic of Lithuania signed the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime. 82. Lithuania is also implementing the Recommendations of the Committee of Ministers of the Council of Europe and other international legal acts which served as the basis for the development of the Programme for the Control and Prevention of Trafficking in Human Beings and Prostitution for 2002-2004. The implementation measures of the Programme place a special emphasis on the implementation of the provisions of the aforementioned international conventions. 83. In its efforts to eliminate factors causing trafficking in persons, Lithuania has approved a Strategy for the Reduction of Poverty. A special programme of measures is under development. The Government has approved a Programme for Increasing Employment, which is now being implemented. 84. The legislation of the Republic of Lithuania provides for criminal responsibility for trafficking in persons and other related crimes such as procuring in prostitution, illegal trafficking of persons across the state border, etc. 85. The Law on the Amendment of the Criminal Code, adopted on 2 July 1998, inserted Article 1313 providing for criminal responsibility (imprisonment from 4 to 8 years) for trafficking in persons – the sale or purchase of a person with the aim of sexual exploitation, forcing him/her to engage in sex work or obtaining personal gain from him/her as well as criminal responsibility for taking a person into or out of Lithuania for prostitution (Paragraph 1 of the same Article). Criminal responsibility (imprisonment from 6 to 12 years) is provided for the same criminal acts committed repeatedly or in respect of a minor or by a group of persons by pre-arrangement or by a particularly dangerous recidivist (Paragraph 2 of the same Article). The same Law amended Articles 81 and 35 by attributing trafficking in persons to especially grave felonies. By invoking Article 1313 of the Criminal Code 3 criminal cases were initiated in 1999, 4 in 200, 14 in 2001, 7 in the first 8 months of 2002. 86. Criminal responsibility for trafficking in persons is also provided for in the new Criminal Code approved on 26 September 2000, which is to come into force from 1 May 2003. 87. Procuring in prostitution is punishable by up to 5 years of imprisonment under Paragraph 3 Article 239 of the Criminal Code. Enticing a minor or a person who is financially or otherwise dependent on another person into prostitution as well as the involvement of a person in prostitution by blackmail, fraud or physical or psychological coercion is punishable by 3 to 7 years of imprisonment. While no criminal proceeding were instituted in 1995-97 by invoking Paragraph 3 Article 239 of the Criminal Code, 4 such criminal cases were brought in 1998, 15 in 1999, 9 in 2000, 2 in 2001. 88. Several articles of the Criminal Code provide for criminal responsibility for the illegal crossing of the state border or for the illegal transportation of persons across the state border. Illegal crossing of the state border is punishable under Article 82 by up to 3 years of imprisonment, where this is done under aggravating circumstances – by up to 5 years of imprisonment. Illegal transportation of persons across the state border or the concealment of illegals is punishable under Article 821 by up to 10 years of imprisonment, where this is done under aggravating circumstances – by up to 15 years of imprisonment. 89. As a measure of preventing trafficking in persons and reducing the growth of illegal labour related to it, the Criminal Code was supplemented with Article 822. It came into force on 1 July 1999. Article 822 establishes criminal responsibility for the transportation of a person to another country with the intention of asking for asylum, engaging in illegal labour or staying illegally in another country or by giving fraudulent promises of a legal status in another country. Such crimes are punishable by up to 6 years of imprisonment (under aggravating circumstances - from 4 to 8 years of imprisonment). 90. Victims of trafficking in persons are integrated or re-integrated in Lithuania at the initiative of governmental and non-governmental institutions. Within their respective competence, support and assistance is provided by the following institutions: the Ministry of Labour and Social Security - on social matters (employment, vocational guidance); the Police Department under the Ministry of the Interior and the Ministry of the Interior – on legal matters and matters related to the protection of the victims, the Ministry of Health and the AIDS Centre of Lithuania – on health matters. Issues of re-integration are taken care of by the Centre for the Registration of Aliens of the State Border Control Service under the Ministry of the Interior. 91. At present, there is a number of non-governmental organisations – the Centre of Support to the Families of Missing Persons, the Women’s Shelter in Vilnius, the Crises Centre and others, which give social, medical, psychological and other assistance to the victims of trafficking in persons. 92. Education occupies one of the most important places among the measures preventing trafficking in persons. All the international legal acts on the prevention of trafficking in persons emphasise education (provision of information) as one of the most effective preventive measures. Providing information on the dangers related to trafficking in persons and on the ways of avoiding such dangers helps to reduce the involvement of new persons (minors, unemployed, victims of violence and sexual abuse) in trafficking and forced prostitution as well as to encourage the victims to try escape from trafficking activities and prostitution. 93. Recognising the importance of education (provision of information) as one of the most effective measures preventing trafficking in persons, Chapter II ‘Education’ of Annex 1 to the Programme for the Control and Prevention of Trafficking in Human Beings and Prostitution for 2002-2004 includes a list of various specific measures to be taken in this respect. 94. The non-governmental organisation Centre of Support to the Families of Missing Persons has a toll-free telephone line for potential victims of trafficking in persons. It has organised a number of lectures in various education institutions and to social workers who work with people belonging to high-risk groups; has published a number of information bulletins and posters warning of the dangers of trafficking in persons in Lithuania; organised 4 international and 2 national conferences on the problems victims of trafficking in persons face; published and disseminated a great number of information fliers warning of dangers of looking for illegal jobs abroad, etc. 95. In 2001, the International Migration Organisation conducted an information campaign in Lithuania to warn young girls of possible dangers, suggesting safer ways for finding a job in another country and advising on the best tactics when in face with traffickers in persons. The International Migration Organisation offers consultations on the telephone to those who have doubts about their decision to leave the country in search of a job. In January 2002, it started a second wave of information, which includes a video clip on TV. Very soon similar information will be broadcast on the radio, carried in the press and in public transport. Special information leaflets, brochures and fliers will be disseminated in schools, departments of the Labour Exchange, and in border crossing posts. 96. Co-operation (exchange of information) is going on between various institutions and organisations at various levels. Special police units of the Investigative Service of Organised Crime of the Criminal Police are involved in direct combat against trafficking in persons; they also conduct preventive measures. 97. Co-operation (exchange of information) in the area of control and prevention of trafficking in persons is conducted in the police system (among police units) and other law enforcement institutions (in accordance with the agreement made between the Prosecutor’s Office, the police, the State Security Department, the Service of Special Investigations under the Ministry of the Interior, the State Border Control Service under the Ministry of the Interior, Customs and other institutions); also among law enforcement institutions and non-governmental organisations, various ministries and public authorities. 98. The Republic of Lithuania has signed agreements of inter-governmental co-operation in the area of crime control and prevention with nineteen countries. The Ministry of the Interior has inter-agency agreements with law-enforcement institutions of thirteen countries. The Police Department under the Ministry of the Interior co-operates with law-enforcement institutions of other countries in search for wanted criminals and missing persons via the channels of the Lithuanian Office of Interpol. In addition, contacts with foreign countries which do not have agreements on legal assistance are maintained through the Consular Department of the Ministry of Foreign Affairs. 99. It has been noticed that for various reasons, mostly because they cannot accomplish their objectives in Lithuania, organised criminal groups, including those engaged in trafficking in persons, have transferred their criminal activities to other European countries. This calls for continued efforts to strengthen regional and international co-operation between law enforcement institutions. Therefore plans for the immediate future include the expansion of the network of officers, signing a co-operation agreement with the Interpol, strengthening bilateral relations on the basis of co-operation agreements in combating organised crime (in 2000, a bilateral agreement like this was signed with Poland, in 2001 – with the German Federal Republic). 100.     At present, the Investigative Service of Organised Crime of the Criminal Police of Lithuania is conducting a rather effective co-operation with the law enforcement institutions of the Russian Federation, mainly with the respective institutions of the Kaliningrad Region: the co-operation involves exchanges of secret information, joint undercover activities, the formation of a quadrilateral task force for the co-ordination of further co-operation in the respective area. 101.     Lithuania is very consistent in promoting co-operation with the neighbouring countries, first of all with the Baltic States – Latvia and Estonia. Trilateral co-operation is co-ordinated through the Baltic Council of Ministers, where practical activities are organised through standing committees of senior officers. 102.     Another form of regional co-operation, introduced in 1996, is the Programme for Combating Organised Crime in the States of the Baltic Sea Region, referred to as Baltcom Task Force. It is a noteworthy fact that the Programme unites the successful and constructive efforts of member states of the European Union, candidate countries, Norway and the Russian Federation. The implementation of the Programme involves a number of projects co-ordinating joint law-enforcement actions of the Baltic countries against the dominating organised crimes, including trafficking in persons, and joint operations against organised criminal enterprises. 103.     As indicated in the First Report (CCPR/C/81/Add.10, para. 34), the Constitution of the Republic of Lithuania prohibits forced labour and also identifies cases where labour is not to be considered forced labour. 104.     The Republic of Lithuania has ratified the 1930 Convention No. 29 concerning the Abolition of Forced Labour of the International Labour Organisation. 105.     On 27 June 2002, the Seimas approved the Code of Enforcement of Sentences of the Republic of Lithuania, which is to replace the former Code of Corrective Labour. Chapter Two of the Code regulates the work of convicted prisoners. The Code includes provisions relating to the forced involvement of prisoners in work and their right to engage in individual work, research and artistic and other activities. The Code provides for an eight-hour working day. For convicted prisoners who are serving their sentences in medical treatment-correctional institutions the duration of the working day must be fixed individually for each prisoner by the medical commission. There must be a system of remuneration for the work of prisoners according to quantity and quality of work following the procedure established by the Government, including deductions from the prisoners’ monthly earnings provided for by the Code. Convicted prisoners are entitled to an annual fortnight’s leave without pay, the time being credited into the term of the sentence. It is noteworthy that convicted prisoners may be involved in unpaid work only for undertaking routine up-keep work in the penal institutions and the adjacent territories, also in work connected with improvement of cultural and every-day life conditions of the convicted prisoners. The above-mentioned work must be performed by rotation outside the working hours. No prisoner shall be ordered to do work of the kind for more than two hours per day. Article 9 106.     As it is indicated in the First Report (CCPR/C/81/Add.10, para. 35), the provisions of Article 9 of the Covenant are guaranteed by Article 20 of the Constitution. 107.     Under law, pre-trial deprivation of liberty (detention) may be imposed only in cases where lighter pre-trial measures would fail to ensure the appearance of the suspect in court or would obstruct the investigative process, judicial examination, enforcement of the sentence or the prevention of new crimes. 108.     The procedure, conditions, grounds and terms of pre-trial detention are regulated by Articles 104, 1041, 1042, 1043, 1044, 105 and 106 of the Criminal Procedure Code currently in force. 109.     The new Criminal Procedure Code, adopted on 14 March 2002, will come into force on 1 May 2003. It includes essentially the same provisions on the grounds, procedures and conditions of pre-trial detention as the former Criminal Procedure Code. 110.     Article 122 of the new Criminal Procedure Code regulates the grounds and conditions of detention. The grounds for applying detention is an assumption that a suspect might escape or go into hiding from pre-trial investigation officers, prosecutor or the court; might obstruct the course of the proceedings; might commit new crimes. In addition, the grounds for detention may be the request to extradite the person to another state or to transfer him to the International Criminal Court (Paragraph 5 Article 122). The order for arrest must specify its grounds and motives (Paragraph 6 Article 122). 111.     Detention may be ordered only in cases where less severe pre-trial measures cannot achieve the purposes to be sought by pre-trial measures (Paragraph 7 Article 123). Detention may be applied only in cases involving crimes which under criminal law are punishable by a penalty of deprivation of liberty for over a year (Paragraph 8 Article 123). 112.     Article 123 of the new Criminal Procedure Code provides for a detailed regulation of detention. If the prosecutor is of the opinion that a suspect, who is not in custody, must be detained, he must submit an application to the pre-trial judge of the local court where the investigation is conducted. The judge, having made a decision to grant the prosecutor’s application, must issue an order of detention; if the judge rejects the prosecutor’s application, he must issue an order of refusal of detention. 113.     The person thus detained must be brought before the same pre-trial judge by the prosecutor within forty eight hours of the moment of detention; if there is no possibility of bringing the person before the same judge, he must be brought before any other pre-trial judge of the local court where the investigation is conducted. The judge must question the person brought to ascertain whether there are grounds for his detention. The detainee’s counsel may be present at such questioning. After questioning the suspect, the judge may order to uphold the order of detention (in such a case the judge must specify the term of detention) or to modify or reverse the pre-trial measure. 114.     In taking t …