Country

Lithuania

Detention issue

Protection against violence

FRA research findings

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Legal instruments & key provisions

Legal instrument Key provision
Law on the Execution of Pre trial Detention (Suėmimo vykdymo įstatymas)Detainees cannot be subjected to torture, cruel or degrading treatment.
Penal Code (Bausmių vykdymo kodeksas)The regime and protection of detention institutions is enforced by the institutions’ officers (i.e. prison guards/staff), who can, under special circumstances, use “protection measures” to ensure and protect the institution’s regime, which can range from technical and engineering measures, such as lockdowns of cells or blocks, to coercive measures which include violence.
Law on the Execution of Pre-trial Detention (Suėmimo vykdymo įstatymas)The regime and protection of detention institutions is enforced by the institutions’ officers (i.e. prison guards/staff), who can, under special circumstances, use “protection measures” to ensure and protect the institution’s regime, which can range from technical and engineering measures, such as lockdowns of cells or blocks, to coercive measures which include violence.
Order on the instructions of protection and supervision of places of imprisonment (Įsakymas dėl laisvės atėmimo vietų įstaigų apsaugos ir priežiūros instrukcijos patvirtinimo)Detainees must be informed by the institution’s administration about any measures it can use, that can endanger a person’s life and health.

NATIONAL PREVENTIVE MECHANISM RECOMMENDATIONS

Year Recommendation Report
2018Recommendations: - To the Director of the Prison Department: to assess the possibility of adapting the Police School's programme on the use of violence to the needs of supervision of detainees and to provide officers with an electronic proficiency test, while taking into account the recommendations of the Office of the United Nations High Commissioner for Human Rights and the Office on Drugs and Crime on the use of force. To ensure training of health care workers in detention institutions on how to identify potential ill-treatment of detainees by officers, how to interview a person who may have been ill-treated, and how to record a medical examination, the statements of the examinee relevant to the medical examination and the conclusion on how much the person's statements correspond to the examination results. To ensure that in all detention institutions, the conclusion of an official investigation into the use of violence would assess whether the principle of proportionality enshrined in the TKDS was applied when using force (i.e. applied only to the extent necessary to perform the duty, adequately to the circumstances, and proportionate to the threat, with regard to the nature of the offence, intensity and individual characteristics of the offender), also that the account of the person, against whom violence was used, on the use of force or account of the circumstances of their injuries, is assessed. - To the Director of Lukiškės Remand Prison: to implement measures to ensure that the medical examination report of an injured person in all cases contains the person's statements on how they suffered the injury, and an assessment (as far as possible) of whether the statements correspond to the results of the medical examination. - To the Director of Prison Hospital: to implement measures to ensure that the medical examination report of an injured person in all cases contains the person's statements on how they suffered the injury, and an assessment (as far as possible) of whether the statements correspond to the results of the medical examination. Report details