VILNIUS – The Supreme Administrative Court of Lithuania is asking the Constitutional Court to clarify whether a decision by the UN Human Rights Committee should be a basis for a case review in Lithuania.
The administrative court faced these questions when hearing a complaint of former high-ranking border guard Gintaras Jagminas.
The UNHRC concluded last year that Lithuanian institutions violated his rights when he was dismissed only on the basis that he lost the right to work with classified information amid an ongoing investigation against him into alleged smuggling.
The committee stated that the law stipulating such a procedure failed to protect from possible abuse by "launching secret surveillance of certain officials on an arbitrary basis and removing them from their positions without any reasonable justification.".
The committee concluded that Lithuania should take necessary action to "provide adequate compensation" to Jagminas "for the violations suffered".
After several years of litigation, the Supreme Administrative Court of Lithuania ruled in 2010 that Jagminas was justly dismissed from the state service in 2006.
The Supreme Administrative Court of Lithuania believes the existing procedure that does not allow resuming the case in light of the UNHRC decision might run counter to the Constitution.
A panel of three judges turned to the Constitutional Court in December, and the court has not decided yet whether to accept the complaint.