Principles and values
In a public letter, D. Mijatovič states that Lithuanian law “removes important safeguards in the asylum procedure”.
“This could jeopardize the principle of non-refoulement and the right to an effective remedy, as well as the situation of vulnerable people,” she said.
You can read the letter of the Council of Europe Commissioner for Human Rights to I. Šimonyte here.
The Commissioner also noted that the accommodation of newly arrived asylum seekers and migrants could become similar to de facto detention. In addition, she draws attention to the legally disorderly return of persons who tried to enter Lithuania irregularly to Belarus.
Lukas April / 15min photo / Migrants are waiting for a decision on asylum in Rūdninkai camp
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In her letter, the Commissioner asks the Prime Minister how the government intends to ensure that the response to the challenges at the Lithuanian border does not conflict with its human rights obligations, including whether the amendments to the law will be amended to bring the legislation fully into line.
In his letter, however, Mijatović emphasized that he condemned any attempt by countries, whether or not they belong to the Council of Europe, to “actively encourage vulnerable people to cross borders, knowing that they are being left in a humanitarian crisis.”
However, the Commissioner added that the “only appropriate response” from ET member states was “to respond to such actions with respect for the principles and values of humanitarianism and human rights to which they are committed”.
In particular, the Commissioner calls on the government to ensure that (migrants) are not returned to Belarus or other countries without the security of non-refoulement and collective expulsions.
“I am concerned that the new laws will allow vulnerable people, such as unaccompanied minors, victims of torture and human trafficking, to use expedited procedures, regardless of their specific situation,” Mijatovic said in a letter published on the Council’s official website.
“Hybrid attack”
In her answer, I. Šimonytė rejects the criticism, albeit politely, and reiterates the government’s lines about the actions of the Minsk regime. You can read the Prime Minister’s answer to D. Mijatovic here.
“There are grounds to say that Belarusian officials are promoting the transportation of migrants.
The Belarussian regime allows and encourages migrants to enter Belarus legally and then supports the illegal crossing of the Belarusian border with the EU, “writes I. Šimonytė, who reiterates Vilnius’ official position that the latest migrant flows are a” hybrid attack “by the Belarussian regime.
Lithuania initially accepted the asylum applications of all migrants who crossed the border illegally and accommodated them, which was justified by international obligations. However, with a significant increase in their flow, migrants have been reversed since August and applications are only accepted at official border crossings.
I. Šimonytė states that this does not violate Lithuania’s international obligations.
“There are no objective threats to citizens of Iraq, Africa or other third countries in Belarus. When interviewed at temporary receptions in the centers, most of them reveal that they came to Europe for economic purposes and through organized channels, ”the Lithuanian Prime Minister said in her reply.
Photo by Julius Kalinskas / 15min / Ingrida Šimonytė
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At the same time, she emphasizes that Lithuania still respects their rights and humanitarian obligations, regardless of their status, and tries to cope with the migrant crisis in the best possible way.
“No human right can become less important than political or geopolitical assessments,” I. Šimonytė emphasizes.
She says the amendments to the law mentioned by the commissioner were adopted to prevent the Belarussian regime from taking advantage of refugee status, vulnerable groups remain able to seek asylum across the border illegally, and Lithuania ensures compliance with both the principle of non-refoulement and the need for effective defense.
This year, over 4.1 thousand people have already entered Lithuania via the border with Belarus. migrants. Lithuanian officials call the increased migration flows hybrid aggression of the Belarusian regime. As a result, a state of emergency has been declared in the country.
The decision to turn around people trying to cross the border illegally has also been made, which has significantly reduced the flow of people.
The Council of Europe is an international organization that promotes respect for human rights and freedoms through various conventions.
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