HUMAN RIGHTS COMMITTEE

Seventy-ninth session

List of issues to be taken up in connection with the consideration of the

second periodic report of LITHUANIA (CCPR/C/LTU/2003/2)

Constitutional and legal framework in which the Covenantis implemented (art. 2)

1.Have Covenant provisions been invoked directly before the Lithuanian courts since the examination of the initial report and, if so, with what results? Please provide details of relevant judgements.

2.What avenues of redress and types of remedy are available to victims of human rights violations by State authorities, and what measures are in place to ensure adequate support to institutions defending human rights? Please also elaborate on the activities of the Parliamentary Ombudsman and the Committee on Human and Civil Rights and Ethnic Minorities Affairs.

3.Please address the compatibility with the Covenant of counter-terrorism measures taken by the State party pursuant to Security Council resolution 1373 (2001).

Equality, prohibition of discrimination and rights of minorities(arts. 3, 26 and 27)

4.Please provide information on the procedures in place to ensure that recommendations of the Ombudsman for Equal Opportunities are considered and implemented. Please specify the number and types of violations of equality rights that have been acted upon by State institutions upon recommendation of the Ombudsman (see paragraphs 25, 32, 37, 38, 40, 41 of the report).

5.What remedies are provided by law for victims of discrimination in the public and private sectors and what sanctions do employers who discriminate face? Have there been cases about discrimination in the workplace and, if so, how were those guilty of discrimination disciplined and what remedies were granted to the victims? Please provide statistics on sex- and age-based discrimination in employment (see paragraphs 46, 302, 303 of the report).

GE.03-45556 (E) 011203

6.What measures has the State party taken to ensure full enjoyment of the rights of the Roma under article 27 of the Covenant? Please provide information on measures adopted or programmes in place to counter discrimination and negative stereotypes about the Roma in Lithuanian society? To what extent do Roma children remain segregated in the school system (art. 26)?

Right to life; prohibition of torture; obligation to treat detaineeshumanely (arts. 6, 7 and 10)

7.Please provide information and, if available, statistics on instances of domestic violence against women and children. What steps has the State party taken to address domestic violence both in practice as well as in terms of special legislation? What measures have been taken to increase public awareness of the issue and of the possibilities of assistance available to victims (see paragraphs 277 and 291 to 293 of the report).

8.What steps have been taken to establish an independent investigation mechanism to inquire into instances of use of excessive force by members of the police and the army? Please provide additional information on recurrence of violence in the armed forces.

9.What measures have been taken to improve prison conditions and to deal with issues such as living conditions, overcrowding of prisons and sanitation, in conformity with the Standard Minimum Rules for the Treatment of Prisoners, and the internal regulations for correctional labour facilities? Please provide information on dissemination of the above rules and regulations to the police and the prison authorities (see paragraphs 66 and 67 of the report).

10.What measures are in place to prevent acts of torture and ill-treatment of detainees in prisons by inmates and law enforcement officers, and to establish effective mechanisms for the prosecution and punishment of the perpetrators? Please provide statistics on the number of cases brought to the attention of the authorities and the results, if any, of the investigations.

11.According to information before the Committee, individuals in police custody generally are subject to considerably worse conditions of detention than convicted prisoners. What measures have been taken in practice to improve police custody facilities?

Trafficking (art. 8)

12.What has the State party done to ensure more expeditious resolution of cases involving trafficked women, both in and out of Lithuania, and to prosecute traffickers? What measures are in place to guarantee safety for the victims of trafficking, including legal and counselling services? What measures have been taken to disseminate information to trafficked women about government assistance programmes available to them (see paragraphs 75 to 95 of the report)?

Right to liberty and security of person (art. 9) and right toa fair trial (art. 14)

13.Please explain whether and how administrative detention, particularly in relation to border control, is subject to judicial review.

Freedom of movement and prohibition of arbitrary expulsionof aliens (arts. 12, 13)

14.According to information before the Committee, some asylum-seekers are effectively prevented from requesting asylum. What measures are in place to ensure that all potential asylum-seekers are in fact able to access effectively the procedure for the determination of their claim for asylum?

Right to privacy (art. 17)

15.What measures has the State party taken to ensure the privacy of telephone communications and to amend those provisions of the Communications Law, the Criminal Procedure Code and the Operational (Covert) Activities Law which allow for the monitoring of calls without any judicial authority?

Freedom of thought, conscience and religion (art. 18)

16.What steps have been taken, both in law and in practice, to eliminate distinctions between different religions and in the registration requirements for religious organizations, so as to secure equal treatment for such organizations?

17.In light of the Committee’s concluding observations on its initial report, what measures has the State party taken to set out eligibility criteria for conscientious objectors and alternative service, which are compatible with article 18 of the Covenant?

Freedom of association (art. 22)

18.What mechanisms are in place to ensure that restrictions on the registration and operation of associations, non-governmental organizations and political parties under domestic law do not exceed limitations permitted under article 22 of the Covenant?

Right to family and protection of children (arts. 23 and 24)

19.According to information before the Committee, fathers, unlike mothers, cannot claim child benefits after birth, and cannot choose a child’s place of residence because the mother’s place of residence is indicated in a child’s birth certificate as provided by government order No. 461 of 11 November 1991. What measures have been taken to amend this order so that the place of residence of a newly born child may be either that of the mother or the father, as well as to eliminate differential treatment regarding child benefits?

Dissemination of information regarding the Covenant

20.Please provide information on efforts undertaken to disseminate knowledge about the Covenant, as well as other international human rights norms, among judicial authorities, government officials, schoolteachers, and the general public.

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