The Supreme Administrative Court of Lithuania has made a pivotal decision to accept a class action lawsuit filed by 24 asylum seekers who claim they were unlawfully detained by Lithuanian authorities between 2021 and 2022. This development has been praised by Amnesty International as a significant step toward justice and reparation for those who have faced mistreatment and human rights abuses.
The asylum seekers involved in the lawsuit allege that they were held in poor detention conditions resembling prison environments. They were reportedly harassed and unlawfully detained during Lithuania’s state of emergency in response to the surge of irregular crossings at the border with Belarus in 2021. The claimants also contend that they had been denied the opportunity to question the legality of their detention, a situation which the Court of Justice of the European Union has ruled is contrary to EU law, including the provisions of the EU Charter of Fundamental Rights.
Originally, the lawsuit was dismissed by a regional court due to the claimants’ inability to produce their detention orders, as these documents were reportedly never provided by the Lithuanian authorities. The asylum seekers appealed this decision, asserting that the rejection impeded their right to an effective judicial remedy. The appeals court responded by accepting the action, a stance subsequently upheld by the Supreme Administrative Court.
Amnesty International has been an outspoken critic of certain Lithuanian policies, particularly those that automatically enforce detention and enact pushbacks of refugees, as highlighted in previous reports. The organization notes that thousands of refugees from countries including India, Cameroon, Nigeria, Syria, and Iraq have faced prolonged arbitrary detention in Lithuania.
This lawsuit acceptance follows a ruling by the Lithuanian Constitutional Court that found the law imposing automatic detention of asylum seekers for the initial six-month period violated the right to liberty as guaranteed by Article 20 of the Lithuanian Constitution. However, mechanisms for providing reparation to those affected have yet to be implemented.
Asylum seekers who suffered arbitrary detention in Lithuania between 2021 and 2022 have until June 10 to join the class action and seek reparation for the harm they endured. For additional context and developments regarding this case, you can access the full article on JURIST.