Lithuania is seeking to amend legislation on the protection of VIPs. Once amended, the law would allow members of the VIP Protection Department to eliminate risk factors that could impact the authority of the President, the Prime Minister and the Chairman of the Seimas. They would be able to issue official warnings when there is reasonable evidence to suggest that people have attempted to undermine the authority of such VIPs.

The changes are incompatible with Lithuania’s international obligations

These amendments have allegedly be prompted by the tense geopolitical situation and rapid advances in technology, although the draft does not identify any specific risk factors.

In its Observations to the Government, the Human Rights Monitoring Institute stresses that the proposed amendments are incompatible with Lithuania’s international obligations as well as the guarantees on human rights and freedoms that are enshrined in the constitution.

Draft version fails case law test of being “worded precisely and interpreted narrowly”

The 2017 joint declaration on freedom of expression and “fake news”, disinformation and propaganda – issued by the United Nations, the Organization for Security and Cooperation in Europe, and other international human rights institutions – states that general prohibitions on the dissemination of information based on vague and ambiguous ideas are incompatible with international standards for restrictions on freedom of expression.

The draft provisions do not meet the requirements of the European Convention on Human Rights and Fundamental Freedoms. According to European Court of Human Rights case law, restrictions on freedom of expression must be worded precisely and interpreted narrowly.

Ill-defined law poses risk to free speech and freedom of protest

The Lithuanian constitution grants every person the right to criticise the work of state institutions and officials. It also prohibits persecution for expressing criticism. The draft provisions do not make it clear how these fundamental rights would be observed while at the same time removing factors that constitute risk to the authority of VIPs.

The fact that the terms of the draft amendments are ill-defined poses a risk of its provisions being used to limit free speech and the freedom of expression, the right to peaceful protest, and the right to criticise the work of the authorities freely and without restriction.

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