Lithuania - June 2023

On 7 June, the Constitutional Court ruled that provisions of a law passed in July 2021 that require asylum seekers to be temporarily held in specified places (such as State Border Guard Service centres) are unconstitutional. The provisions allow asylum seekers to be held for a period of up to six months under a state of emergency while their asylum claims are being processed. The Constitutional Court found that the provisions contradicted Article 20 of Lithuania’s Constitution, which establishes protection against arbitrary detention or arrest and against unlawful restrictions on freedom of movement. It also noted a failure to individually assess a migrant’s circumstances and the absence of due process. The Court of Justice of the European Union had previously ruled in June 2022 that the general detention of asylum seekers without right of appeal violated EU law.

Sources: Reuters, LRT (1), LRT (2), LRT (3), Civil Liberties Union for Europe, Lithuanian Constitutional Court, Court of Justice of the European Union