Lithuania

Parliament adopted amendments to the procedure for accommodating asylum seekers with 72 votes in favour, four against and 20 abstentions. In June 2023, the Constitutional Court annulled provisions specifying that asylum seekers should be held in temporary accommodation facilities, without the right to move freely within Lithuania, pending a decision on their asylum application. The amendments seek to address the concerns raised in the ruling, by providing that the individual circumstances of asylum seekers must be considered in the decision for accommodation. The changes specify that the right to free movement cannot be restricted, except for in certain circumstances, to be evaluated on an individual basis, but never for a period exceeding 28 days. The amendments provide for the possibility of appeal within 14 days of receiving the accommodation decision and specify conditions for temporary departures from the accommodation territory.

Migration Constitutional Court Asylum seekers SDG16 SDG10

Parliament voted to approve electoral amendments introducing the requirement for candidates to disclose whether they were formerly members of the Communist Party (CPSU), which was banned after Lithuania regained independence from the Soviet Union in 1991. Previously, reporting of past political affiliations via the Central Electoral Commission’s candidate questionnaire had been optional. The amendments passed with 110 votes in favour and one abstention, and follow revelations uncovered by media that President Gitanas Nausėda and at least 18 sitting MPs had formerly been members of the party without reporting this affiliation. Prime Minister Ingrida Šimonytė called failure to disclose previous affiliations a “mistake”, and observers noted potential adverse impacts on public trust. A parallel proposal, put forward by the conservative Homeland Union party, was rejected, and would have required candidates to declare their Communist Party membership on campaign posters.

Political Party Elections Legislature Gitanas Nausėda Ingrida Šimonytė

Prominent Belarusian activist Olga Karach has said she was denied asylum by Lithuanian authorities, who claimed Karach poses a threat to Lithuanian national security. Karach leads Our House (Nash Dom), a Belarusian human rights NGO, founded in Belarus in 2002 but relocated to Lithuania in 2014. The NGO has been nominated for this year’s Nobel Peace Prize for its support to Belarusians living in Lithuania and across Europe. In its decision, the Migration Department cited allegations by Lithuania’s State Security Department (Valstybės saugumo departamentas, VSD) that Karach has ties to Russian intelligence services - allegations which Karach has denied. Belarus has considered Karach a terrorist since September 2021 and has declared Nash Dom an extremist organisation. Karach has filed a complaint with the Vilnius Regional Administrative Court for lengthy processing of her asylum request in violation of her rights. Lithuanian law requires asylum requests to be processed at the latest within six months of submission, while her case took almost a year.

Migration Asylum seekers

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.

Migration Constitutional Court Asylum seekers