ReLex is representing Cuban asylum-seekers who are seeking a pre-trial investigation into the actions of Latvian border guards and their Lithuanian counterparts for serious injuries, torture and collective expulsion to Belarus. In its final decision of 21 January, the Vilnius Regional Court ordered the opening of a pre-trial investigation.
Article 7 of the Criminal Code of Lithuania establishes criminal liability for the crimes provided for in international treaties, including the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. It stipulates that persons shall be liable under this Code regardless of their citizenship and place of residence, also of the place of commission of a crime and whether the act committed is subject to punishment under laws of the place of commission of the crime. Related Article 100-3, introduced in 2019 stipulates whoever, in pursuance of a policy of the State or acting with the authorization, instigation, support or acquiescence of the State, has in any way tortured or otherwise subjected a person to extreme cruelty, thereby causing severe physical or mental pain or suffering to the victim. This rather qualified definition may be nevertheless applicable in the present case along with the definition provided by the Convention itself.
According to press reports, the victims at the Latvian border were approached by a black van with no distinguishing or identifying marks, carrying four men dressed in black. All of them were allegedly carrying Taser electric pistols and firearms, as well as a handmade whip. The officers put the applicants in a van and started to beat the male asylum seekers. They beat them with their feet, their fists and the aforementioned weapons. One of the men had broken ribs and his jaw. The women were tortured with blows and electrical devices. The beatings, insults and threats continued for a long time. After perhaps 15 or 20 minutes, men dressed in black brought an African boy who was treated in the same way as the complainants. They were all thereafter pushed to Belarus at gunpoint.
Investigations can be requested on the basis of a complaint, a motion or a report of a criminal act, providing for a broad interpretation of subjects who can seek for investigations into core international crimes under Article 7 of Lithuanian Code of Criminal Procedure. TCPC. Anybody who is aware of such a crime can report it to police or prosecutor’s office who will in turn refer it to a relevant authority. Victims can file an individual complaint if they have personally suffered from an offence. They do not need to be represented by a lawyer to file a complaint. Victim can also file a civil claim in criminal proceedings requesting for a compensation for the damage incurred (Article 109 CCP).
According to the Convention and multiple international standards every state should take effective measures to send a clear and unambiguous message to all levels of the police force hierarchy that torture, ill-treatment and excessive use of force are unacceptable and ensure that law enforcement officials only use force when strictly necessary and to the extent required for the performance of their duties.
The investigation into alleged torture must be thorough and effective as recommended inter alia by the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the “Istanbul Protocol”).
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