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TITLE:  LITHUANIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                           LITHUANIA


Lithuania, a parliamentary democracy, regained its independence
in 1991 after more than 50 years of forced annexation by the
Soviet Union.  The Constitution, adopted by referendum in 1992,
established a 141-member unicameral legislature, the Seimas; a
directly elected President, who functions as Head of State; and
a Government formed by a Prime Minister and other ministers,
appointed by the President and approved by the Seimas.  The
Government exercises authority with the approval of the Seimas
and the President.  In fair elections in 1992, the Lithuanian
Democratic Labor Party (LDDP)--the successor to the Communist
Party of Lithuania, which in 1989 broke away from the Soviet
Communist Party--won a majority of parliamentary seats and
formed the Government.  In 1993 voters elected Algirdas
Brazauskas, the then Chairman of the LDDP, as President.

A unified national police force under the jurisdiction of the
Interior Ministry is responsible for law enforcement.  The
State Security Department is responsible for internal security
and reports to Parliament and the President.  The police
committed a number of human rights abuses in 1994.

Since independence, Lithuania has made steady progress in
developing a market economy.  Over 40 percent of state
property, including most housing and small businesses, has been
privatized.  Trade is diversifying, with a gradual shift to
Western markets.  Industry employs 42 percent of the labor
force, and agriculture 18 percent.  Major exports include
electronic goods, food, and chemical and petroleum products.

The Government generally respects basic freedoms and civil
liberties.  It enacted the Preventive Detention Law as a
temporary measure in 1993 but extended it for an additional
year.  The law, part of the Government's efforts to combat
violent organized crime, extended the permissible period of
detention for criminal suspects to 2 months.  Some opposition
members of Parliament and the Lithuanian Lawyers' Association
expressed concern that the Government might abuse its
provisions (see Section 1.d.).

Police reportedly beat detainees and, in one instance, caused a
young man's death.  Police surveillance allegedly occurs not
only in the battle against organized crime but also in other
circumstances; no one has attempted thus far to challenge its
legality.  News publications and journalists expressed concern
about a draft press law which would restrict freedom of the
press; an impartial committee is reviewing the draft law.
Abuse of women is reportedly common, but the Government has not
developed an effective mechanism for dealing with it.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of politically motivated killings.  In
one well-publicized case, however, police officers in the town
of Visaginas arrested a young man for disorderly conduct in
October and beat him to death.  The prosecutor initiated
proceedings against the police officer suspected of killing the
young man.  At year's end, the case was still pending.

     b.  Disappearance

There were no reports of abductions or disappearances.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

There were no reports that Lithuanian officials engaged in or
condoned torture.  However, police sometimes beat or otherwise
physically mistreated detainees.  The local press reported that
incidents of police brutality were becoming more common.  In
many instances, the victims reportedly are reluctant to bring
charges against police officers out of fear of reprisals.  The
Ministry of the Interior generally has been unwilling to
publicize statistics on reported cases of police brutality.  In
the first 9 months of 1994, 65 cases of reported police
brutality were investigated, of which 18 resulted in
convictions of the police officers concerned.

     d.  Arbitrary Arrest, Detention, or Exile

Except in cases that come under the provisions of the
Preventive Detention Law (described below), police may detain a
person for up to 72 hours, based upon reliable evidence of
criminal activity.  At the end of that period, police must
decide whether or not to make a formal arrest, and a magistrate
must approve an arrest warrant.  The authorities have a total
of 10 days to present supporting evidence.  Once a suspect is
formally charged, prosecutors may keep the suspect under
investigative arrest for up to 2 months before taking the
suspect to court.  In exceptional cases, investigative arrest
may be extended by a further 6 to 9 months with the written
approval of the Procurator General.  The Constitution provides
for the right to an attorney from the moment of detention.

In an effort to cope with the rise in violent organized crime,
Parliament in 1993 passed the Preventive Detention Law
pertaining to persons suspected of being violent criminals.
The Law, which was passed as a temporary measure, allowed
police, but not internal security and armed forces, to detain
suspected violent criminals up to 2 months rather than only for
the standard 72-hour period.  The effect of the Law is to give
prosecutors and investigators additional time to conduct an
investigation and file formal criminal charges against the
detainee.  Those apprehended must be released after 2 months if
an investigation does not lead to formal charges.  Local police
commissioners must obtain the Procurator General's approval of
each arrest carried out under the provisions of this law.

Parliament voted in December 1993 to extend the temporary law
for an additional year, but with several new provisions.
Checks on prosecutorial abuse are provided by the requirements
that a detainee (1) must be informed within 3 hours following
arrest about the length of preventive detention being
considered (not to exceed 2 months), and (2) must be brought
before a court within 48 hours of arrest for a ruling on the
legality of detention.  Furthermore, a detainee has the legal
right to consult with an attorney during the period of
detention.  The law gives law enforcement officials wide
latitude in making arrest decisions and may be open to abuse.
Police detained over 400 suspected members of criminal gangs
under the provisions of this law.  In several well-publicized
cases, the law helped to convict and sentence dangerous
criminals to lengthy prison terms.  In many other instances,
however, the suspects were freed without charge after
expiration of the maximum detention period.

There is no exile.

     e.  Denial of Fair Public Trial

Legal reform efforts departing from the former Soviet model
continued in 1994, with Parliament's passage of new civil and
criminal procedure codes as well as a Court Reform Law.  The
judicial system presently consists of a two-tier structure of
district courts and a Supreme Court, which is an appellate
court.  There is also a Constitutional Court.  Court decisions
are arrived at independently.  The Procurator General exercises
an oversight responsibility through a network of district
prosecutors who work with police investigators--employed by the
Ministry of the Interior--in preparing the prosecution's
evidence for the courts.  The institution of lay assessors was
abolished at the end of the year.

Under the provisions of the Court Reform Law, to be implemented
starting in January 1995, two new kinds of courts will be
created.  Local district courts will be set up below the
present district courts to handle cases at the municipal level,
while a new appellate court level will hear appeals arising
from district court decisions, thereby reducing the case load
of the overburdened Supreme Court.  In addition, as a result of
Lithuania's accession to the Council of Europe, the Ministry of
Justice has begun a thorough review of Lithuania's laws with a
view towards bringing them into accord with the provisions of
the European Convention on Human Rights.

The Constitution provides defendants with the right to
counsel.  In practice, the right to legal counsel is abridged
by the shortage of trained advocates who find it difficult to
cope with the burgeoning numbers of criminal cases brought
before the courts.  Outside observers have recommended the
establishment of a public defender system to regularize
procedures for provision of legal assistance to indigent
persons charged in criminal cases.  By law, defense advocates
have access to government evidence and may present evidence and
witnesses.  The courts and law enforcement agencies generally
honor routine, written requests for evidence.  There were no
political trials.

Government rehabilitation of over 50,000 persons charged with
anti-Soviet crimes during the Stalinist era led to reports in
1991 that some people alleged to have been involved in crimes
against humanity during the Nazi occupation had benefited from
this rehabilitation.  A special judicial procedure was
established to examine each case in which an individual or
organization raised an objection that a rehabilitated person
may have committed a crime against humanity.  In 1994 the
Supreme Court overturned the rehabilitation of three persons
whose cases were pending from 1993.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The authorities do not engage in indiscriminate or widespread
monitoring of the correspondence or communications of
citizens.  With the written authorization of a procurator or
judge, however, police and the security service may engage in
surveillance and monitoring activities on grounds of national
security.  Except in cases of hot pursuit or the danger of
disappearance of evidence, police must obtain a search warrant
signed by a prosecutor before they may enter premises.

It is widely assumed, however, that law enforcement agencies
have increased the use of a range of surveillance methods to
cope with the expansion of organized crime.  There is some
question as to the legal basis of this police surveillance, but
there are no known legal cases challenging the legality of the
surveillance.  The former president of the Lithuanian National
Bank, who charged that eavesdropping devices were found in his
office in 1993, publicly called on the Procurator General to
investigate the incident.  The press reported that, although
the devices were in fact found and are in the possession of the
new bank management, the authorities failed to pursue
investigation of the incident.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

Freedom of speech is widely respected.  Prior restraint over
either print or broadcast media and restrictions on disclosure
are prohibited, unless the Government determines that national
security is involved.

Nevertheless, journalists working for the state-owned
electronic media complained about pressure by superiors to
avoid criticism of government policies in their television and
radio reporting.  Most independent news publications and many
prominent journalists protested in September against the
provisions of a draft press law, which they thought severely
restricted freedom of the press.  The ruling party announced
the formation of an impartial committee to review the proposed
press law and the provisions which prompted the protests.

Many investigative journalists covering organized crime were
harassed by and received death threats from these groups.  A
copublisher and editor of a widely read daily, who wrote
extensively on organized crime, was murdered in October 1993.
In October 1994, the Supreme Court convicted four persons with
criminal backgrounds of murder in the case.  One person
received a death sentence, which will be subject to court
review in early 1995.

Five private radio stations, including one broadcasting in
Polish, are on the air.  Two private television stations also
broadcast regular programming to a wide audience.  On February
17, virtually all of these private radio and television
stations broadcast a simultaneous public appeal for support
against the Government's alleged attempts to monopolize the
electronic media.  Representatives of the private electronic
media have complained for some time about the unfair
broadcasting rates that the Government sets which allegedly
favor the state radio and television stations.

     b.  Freedom of Peaceful Assembly and Association

There are no laws that prohibit public gatherings.  During 1994
a large number of public meetings and demonstrations took place.

The Constitution provides for, and the authorities respect, the
right of citizens to associate freely, requiring only that they
inform local government authorities of planned demonstrations.

The Communist Party of Lithuania and other organizations
associated with the Soviet regime continue to be banned.

     c.  Freedom of Religion

The authorities did not restrict the exercise of the
constitutional right to religious freedom in 1994.

During the year, representatives of some Protestant
denominations and smaller religious communities continued to
protest against a pending draft law on religion that classifies
religions according to whether they are considered
"established" or "unestablished."

A small Jewish community exists, largely in the main cities.
Jewish leaders called on officials to provide better police
protection for Jewish cemeteries in Kaunas, Vilnius, and
Kalvaria which have been subject to increasing vandalism and
pilfering.  The city government of Kaunas established an ad hoc
committee, including police officials and Jewish community
representatives, to look for ways to improve security at the
Jewish cemeteries.  Kaunas officials said they would try to
increase funding for the upkeep and protection of the
cemeteries.

The Prime Minister on September 22 publicly deplored the
Nazi-initiated killing of 200,000 Lithuanian Jews during World
War II.  He apologized to the Jewish people for the fact that
several hundred Lithuanians actively assisted the Nazis in
carrying out their genocidal aims and pledged to prosecute
suspected Nazi war criminals who are deported back to
Lithuania.  Toward year's end, the Jewish community became
apprehensive regarding anti-Semitic articles in a leading
independent newspaper and sent an open letter to the President,
asking that he condemn these articles.  Jewish representatives
noted that the President had met them to discuss the issues
raised in the letter, but by year's end he had not publicly
condemned the articles in question.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

Under the law, citizens and permanent residents are permitted
free movement within, and return to, their country.  There are
no restrictions on foreign travel.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Lithuania is a parliamentary democracy.  The election law
provides for a secret ballot in parliamentary elections.  Of
141 parliamentary seats, 71 are elected directly and 70 through
proportional representation.  A party must draw a minimum 4
percent of the national vote in order to gain a seat through
proportional representation.  National minority slates are
exempt from this rule.  Two of the four Union of Poles
representatives won their seats on a proportional basis, even
though the union slate captured only 2 percent of the
nationwide proportional vote.

The Citizenship Law, adopted in December 1991, is generally
inclusive with regard to the country's ethnic minorities.  The
Law provides citizenship to persons who were born within the
borders of the Republic; who were citizens of Lithuania prior
to 1940 and their descendants; and who became citizens under
previous legal authority.  Over 90 percent of Lithuania's
ethnic Russian, Polish, Belarusian, and Ukrainian inhabitants
received citizenship.  Qualification for naturalization of
persons not covered by the above-mentioned categories requires
10-year residency, a permanent job or source of income,
knowledge of the Constitution, renunciation of any other
citizenship, and proficiency in Lithuanian.  Well over 90
percent of ethnic Poles, Russians, Belarusians, and Ukrainians
residing in Lithuania in 1991 were granted citizenship.

While there are no legal restrictions on women's participation
in politics or government, they are underrepresented in
political leadership positions.  There are only 10 female
deputies in the 141-member Seimas, and no female ministers
serve in the current Cabinet.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

The Association for the Defense of Human Rights in Lithuania is
an umbrella organization for several small human rights groups
which operate without government restriction.  In October the
Government established the Department of International and
Human Rights within the Justice Ministry, which is to monitor
Lithuanian laws and legal practice to determine whether these
are in accord with Lithuania's international obligations.  The
authorities actively encouraged international and
nongovernmental human rights groups to visit Lithuania.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution prohibits discrimination based on race, sex,
religion, disability, or ethnic background.

     Women

The Constitution provides equal rights for men and women, and
official policy specifies equal pay for equal work.  Generally,
men and women receive the same pay for comparable work, but
women are largely underrepresented in some professions and in
the managerial sector as a whole.  Nonetheless, significant
inequalities in Lithuanian society based on gender continue.
Lithuanian society still has very conservative views about the
role of women in society.  The fact that women's enrollment now
exceeds that of men in some university faculties has prompted
university administrations to introduce preferential entrance
criteria for men to redress what is perceived as an abnormal
state of affairs.  Parliamentary deputies speaking about female
deputies in public sometimes make unflattering comments based
on gender stereotypes, without eliciting any unusual public
reaction.

Abuse of women in the home is reportedly common, especially in
connection with alcohol abuse by husbands, but institutional
mechanisms for coping with this problem are only now being
started.  One private women's organization is attempting to
establish a shelter for abused women.  According to a recent
sociological survey, 20 percent of women report experiencing an
attempted rape, while another 33 percent report having been
beaten at least once in their lives.  Official statistics on
the incidence of abuse of women in the home are not filed
separately from other categories of assault.  Women's groups
report some resistance among law enforcement officials to
collecting and releasing such statistics.  Persons convicted of
rape generally receive sentences of from 3 to 5 years in prison.

     Children

The Ministries of Social Protection and of the Interior shared
official responsibility for the protection of children's rights
and welfare in 1994.  Starting in 1994, the Children's Rights
Service of the Ministry of Social Protection took on many of
the functions formerly handled by the Interior Ministry and its
subordinate police officers throughout the country, thereby
focusing more attention on the social welfare needs of
children.  Press reporting on crime throughout the year noted a
number of instances of severe beatings of children by parents
that resulted in hospitalization or even death.  Social welfare
workers believe that child abuse in connection with alcohol
abuse by parents is a serious problem.  The prevalence of
authoritarian values in family upbringing, however, has
discouraged more active measures against child abuse.  The
latest statistics available indicate that 5 children between 1
and 14 years of age were murdered in 1994, while 61 were
subject to varying kinds of abuse.

     National/Racial/Ethnic Minorities

Non-Lithuanian ethnic groups, including Russians, Poles,
Belarusians, Ukrainians, and Jews, comprise roughly 20 percent
of the population.

Non-Lithuanians, especially Poles, have expressed concerns
about the possibility of job discrimination arising from
implementation of the language law.  Many public sector
employees were required to attain a functional knowledge of
Lithuanian within several years, although the authorities have
been granting liberal extensions of the time frame in which
this is to be achieved.  During the first half of 1994,
language-testing committees tested 7,299 people for whom
Lithuanian is not a native language.  Of those examined, 6,394
were certified as language qualified.  There is no documented
evidence of dismissals based on application of this law.
Lithuanian authorities have indicated that the intent of the
law is to apply moral incentives to learn Lithuanian as the
official language of the State; they have asserted that no one
would be dismissed solely because of an inability to meet the
language requirement.

     People with Disabilities

The Law on Integrating Disabled People, passed in 1991,
provides for a broad category of rights and government benefits
to which disabled people are legally entitled.  However, given
severe budgetary constraints, the Government has been able to
allocate only modest sums towards implementation of the law.
The equivalent of $3.25 million was disbursed in 1994.  A
considerable portion of this sum was channelled through a
number of social organizations representing the disabled.
Government funds, for example, were provided to groups that
drafted labor contracts for disabled workers in different
sectors of the national economy.

Section 6  Worker Rights

     a.  The Right of Association

The 1991 Law on Trade Unions and the Constitution recognize the
right of workers and employees to form and join trade unions.
The Law on Trade Unions formally extends this right to
employees of the police and the armed forces, although the
Collective Agreements Law of 1991 does not allow collective
bargaining by government employees involved in law enforcement
and security-related work.

In 1990 the Lithuanian branch of the U.S.S.R.'s All-Union
Central Council of Trade Unions, grouping 23 of 25 trade
unions, renamed itself the Confederation of Free Trade Unions
(CFTU) and began asserting increased independence from its
Soviet parent.  In 1993 the CFTU joined eight other unions that
also had been a part of the All-Union Central Council to form
the Lithuanian Trade Union Center (LTUC).

The Lithuanian Workers Union (LWU) was formed in 1990 as an
alternative to the CFTU.  Unlike the CFTU/LTUC, the LWU was an
early supporter of Lithuanian independence from the Soviet
Union and actively sought Western free trade union contacts.
The LWU now claims a dues-paying membership of 50,000 organized
in 35 regional groupings.

There are no restrictions on unions affiliating with
international trade unions.

The Law on Trade Unions and the Constitution provide for the
right to strike, although public officials providing essential
services may not strike.  There were fewer strikes in 1994 than
in 1993.

     b.  The Right to Organize and Bargain Collectively

The Collective Agreements Law provides for collective
bargaining and the right of unions to organize employees,
although several provisions reportedly hinder the establishment
of new union organizations.  According to the Law, unions, in
order to be registered, must have at least 30 founding members
in large enterprises or have a membership of one-fifth of all
employees in small enterprises.  Difficulties commonly arise in
state enterprises in which employees are represented by more
than one union.  LWU officials charge that managers in some
state enterprises discriminate against LWU organizers and have
on occasion dismissed employees in retribution for their trade
union activities.  The LWU also charges that the judicial
system is slow to respond to LWU grievances regarding
dismissals from work.  LWU representatives charge that state
managers sometimes prefer the CFTU/LTUC over the LWU unions as
collective bargaining partners.

In general, trade union spokesmen say that managers often
determine wages without regard to trade union wishes, except in
larger factories with well-organized trade unions.  The
Government issues periodic decrees that serve as guidelines for
state enterprise management in setting wage scales.  The LWU
and the LTUC engage in direct collective bargaining over wages
at the workplace level.  Wage decisions are increasingly being
made at the enterprise level, although government ministries
still retain some control over this sphere in state-owned
enterprises.  The LWU reports that it supplements its
bargaining efforts with active lobbying in government
ministries that own enterprises.  During the first 10 months of
1994, wage increases appear to have been greater than price
rises.

     c.  Prohibition of Forced or Compulsory Labor

The Constitution prohibits forced labor, and this prohibition
is observed in practice.

     d.  Minimum Age for Employment of Children

The legal minimum age for employment of children without
parental consent is 16 years.  The legal minimum age with the
written consent of parents is 14.  Free trade union
representatives assert that the mechanisms for monitoring
minimum age legislation are rudimentary.  Complaints about
infringements of child labor regulations generally are referred
to local prosecutors who investigate the charges and take legal
action to stop violations.  Available evidence suggests that
child labor is rare.

     e.  Acceptable Conditions of Work

The legal minimum wage is $13 (52 litai) per month, while the
average wage in the state industrial sector is $93 (372 litai)
per month.  The Council of Ministers and the Ministry of Social
Protection periodically set the minimum wage.  Every 3 months
these two government bodies must submit their minimum wage
proposals to the Parliament, which has the right to approve or
revise the minimum wage level.  Enforcement of the minimum wage
is almost nonexistent, in part because the Government does not
want to exacerbate the current unemployment problem.  The
40-hour workweek is standard, with a provision for at least one
24-hour rest period.

The Constitution provides that workers have the right to safe
and healthy working conditions.  In 1993 a Labor Safety Law
went into effect, setting down the rights of workers confronted
with hazardous conditions and providing legal protection for
workers who file complaints about such conditions.  The State
Labor Inspection Service, which the Law established, is charged
with implementing the Labor Safety Law.  Regional labor
inspection offices, each of which is staffed by only two or
three officials, are severely understaffed.  They closed 2,756
enterprises or departments of enterprises found to be in
violation of safety regulations during the first 9 months of
1994.  Some 270 persons were fined, and 114 cases were referred
to local prosecutors' offices.  Unsafe conditions caused by
worn, outdated industrial technologies are reportedly
widespread, and 108 work-related deaths were recorded in the
first 9 months of 1994.