IV. ACCIONES ANTE CASOS POSITIVOS, SOSPECHOSOS, PERSONAS EN ALERTA COVID-19
2. CURSO DE ACCIÓN EN CASO DE TRABAJADORES(AS)
In 2005 many problems arose because of the unauthorised handling and use of data in various information systems and databases. The danger to the protection of data is increased by the fact that the system of databases is centralised in Lithuania, all stored data is quite easily accessible to third parties, and the population is still not well-informed about the areas of data collection, storage and use.
Inadequate staff policy, bad working conditions in police stations, insufficient payment to the lower- and middle-level officers contribute to a low level of professional ethics, violations of human rights and population’s distrust of the police. Representative surveys show that, in 2006, only 38% of the Lithuanian population trusted, 53% distrusted while the police.
Low salaries and the lack of adequate working conditions and tools (officers in town and regional departments are often forced to work in shabby premises experiencing constant lack of paper, petrol, office equipment, etc.) force them to look for other jobs. Statistics show that about 50% of citizens’ complaints about police unlawful activities were confirmed. In 2005, there were several cases when police officers, due to alcohol abuse, committed criminal acts against the property and person of the citizens. The Minister of the Interior and the Police Department Office also acknowledged that some police officers drive when drunk.
Police officers often fined offenders without informing them about the content of the written documents and consequences arising. There were cases when citizens found out about the fine from the bailiffs’ notice, which urged them to pay the fine. In some cases the sum to be paid had increased two or three times because of the expenses of the bailiff’s office.
In 2005, the Ombudsmen’s office stated that the number of violations of human rights, including violent behaviour of police officers, is not decreasing in Lithuania. Violent behaviour of police officers has been recorded during police custody as well. There is a suspicion that arrested persons are exploited.
Attempts have been made to draw attention of the authorities to the necessity to modernise detention centres and to ensure the safety of detained persons.
Though there is some observable progress, many problems remain unsolved.
Out of 46 police detention centres only ten can claim to have adequate conditions. According to the Ombudsmen’s Office, some of the police
detention centres should not be used at all because the conditions there are humiliating and beneath human dignity.
3.7.7 The courts
The courts in Lithuania deal with civil and criminal matters under general jurisdiction in the Supreme Court and Court of Appeals, and since 1999, have a system of specialised administrative courts, at a national and district level. In addition, there is the Constitutional Court which decides whether the laws and other legal acts adopted by the Parliament are in conformity with the Constitution and legal acts adopted by the President and the Government, do not violate the Constitution or laws.
The judicial system is managed by the National Courts Administration, which conducts a range of functions, such as analysing the activities of courts and providing recommendations on the working conditions of the courts.
There are 54 district courts, five regional courts, the Court of Appeal of Lithuania and the Supreme Court of Lithuania. Criminal cases are heard at regional courts, the Court of Appeal of Lithuania and the Supreme Court of Lithuania. In the first instance, cases are heard at the district and regional courts, and depending on the nature of the offence and subsequent proceedings, can then go on to be heard at the Court of Appeal and Supreme Court. The main rules on jurisdiction are contained in the Code of Criminal Procedure and in the Law on Courts.
Under the Penal Code, the main punishments are life imprisonment, imprisonment, correctional work and a fine. Additional punishments include confiscation of property, fines and deprivation of the right to a certain job or to perform certain duties. In addition, the Penal Code also stipulates coercive medical measures, which can be applied to the mentally ill who have committed an offence, and usually involves placement in a psychiatric hospital.
There are also special provisions for juveniles, such as placement under guardianship, home supervision, reparation to the victim or community-based work.
3.7.8 The probation service
The Probation Service in Lithuania has been running for eight years, and is primarily responsible for supervising offenders on release from prison and those on community sentences. It also offers social assistance or referral to other agencies to meet the needs of clients, who can be placed under three different categories of supervision:
• parole (after prison sentence);
• postponed/suspended sentence;
• limitations of freedom (curfew ordered by courts).
For those on suspended sentences, many are required to undergo treatment for alcoholism, drug or toxic abuse or sexually-transmitted diseases as a condition of their release back into the community. The probation service is also a part of the Correctional Affairs Department (Prison Department) but with its own agencies under the police units of each region. This close relationship with the police is important in supervising offenders in the community, in order that any breaches of the conditions of their sentences are reported and dealt with back in court.
The main functions of the probation service are:
• keeping personal records of persons on suspended sentences or conditional release from imprisonment;
• helping clients to gain employment;
• supervising and monitoring clients;
• instigating disciplinary measures and incentives;
• locating conditionally-released persons who do not declare their address.
The Probation Service actively encourages links with volunteers and non-governmental organisations (NGOs) in supporting its activities, however, currently, there are very few NGOs who can offer assistance (for example, the Prisoners Aid Association).
3.7.9 The prison system
Decisions about the necessity to transfer a detained, arrested or convicted person from police custody to prison and back under convoy are taken by a pre-trial investigation officer, prosecutor or court. In exceptional cases the decision is mad by the Prison Department or heads of institutions under Prison Department, whose authority is established by the Penal Procedure Code, Penalty Implementation Code, Law on Imprisonment and other legal acts.
The prisons department and judicial system is co-ordinated by the Ministry of Justice, based in the capital Vilnius. The current total incarcerated population is 7,983, as of November 2006. The official capacity of the prison system is 9,444, within 15 prison establishments throughout the country (World Prison Brief 2006).
The main problems of the prison system in 2005 were inadequate conditions and failure to ensure human rights in incarceration institutions, inadequate implementation of the right of convicted persons to access health care, and insufficient social integration when these persons come out of prison. The absence of an independent institution that could carry regular visits to places of incarceration without advance notice was not helping to secure the rights of the convicted persons. In 2005, Lithuania lost a case concerning the living
conditions of incarcerated persons at the European Court of Justice. The Court stated that an extremely small living space (1.5 sq. m), unsanitary conditions, insufficient time for walking in the yard (an hour per day) and insubstantial food violated Article 3 of the Convention prohibiting torture, inhuman treatment and loss of dignity.
The press has repeatedly criticised the lack of social rehabilitation centres in prison establishments, especially for drug rehabilitation. There are only a few initiatives by some prison authorities to establish drug-free zones where incarcerated persons, willing to give up drugs, are taught social skills and prepared to live out of prison.