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LITHUANIA
The Lithuanian Supreme Administrative Court has issued two landmark decisions concerning
detention. The first was on 14 June 2002, stating that when a detention period decided by a court
expires, the Foreigners Registration Centre must release the foreigner independently. No additional
release order by the court is necessary. The second on 10 April 2003 stated that foreigners
who cannot be deported on grounds of non-refoulement, may choose their own place of residence
and cannot be held in detention. 4
Illegal Entry
Since July 1997, trafficking and illegal smuggling, as well as harbouring of illegally entered
aliens, are punishable by imprisonment under the Criminal Code. However, since 1999, severe
penalties are imposed only on organizers of illegal migration. Persons who organize trafficking
of migrants or their harbouring or their transportation in the territory of Lithuania can face
imprisonment of ten to 15 years and a fine. Lithuania signed the UN Trafficking Protocol in
April 2002 and ratified it in June 2003.
The majority of trafficking incidents involve young women brought from other countries to
work as prostitutes, or transiting Lithuania. Trafficking was in the past often treated as a problem
of illegal immigration, although Lithuanian legislation pertaining to trafficking is generally in
alignment with EU and international standards. The existing legislation is not always enforced
in a consistent way.
Carrier Liability
Carrier liability is regulated by the Law on the Legal Status of Foreigners, which stipulates that
carriers bringing foreigners to Lithuania without proper documentation and permits are responsible
to return such persons at their own expense to the country of departure. The state does not
reimburse any expenses for the return of foreigners. The provisions are applied in respect to air
and sea transport companies.
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
According to the Law on the Legal Status of Aliens, decisions on expulsion are taken by the
Ministry of Interior, or by an institution authorized by the Ministry. In practice, expulsions are
decided by the Migration Department, which falls under the competence and purview of the
Ministry of Interior. The expulsion of foreigners with a permanent residence permit, however, is
subject to a court decision.
Escorts
Migrants who have been expelled and do not leave voluntarily, are always escorted to the border
by the police or to the country of destination.