Prosecutor General’s Office has summarized the results of pre-trial investigations in 2008 concerning crimes against humanity and war crimes. There were eight pre-trial investigations: three investigations were initiated due to killing of persons protected under international humanitarian law (Article 101 of the Criminal Code), four investigations were dealing with exiling civilians of occupied country (Article 102 of the Criminal Code) and there was one pre-trial investigation into genocide (Article 99 of the Criminal Code).

Three criminal cases of this particular category were handed over to the courts. Two of them included indictments, and one case was completed by prosecutor’s decision to impose coercive medical measures on the person concerned. These cases were delivered to Kaunas Region Court by District Prosecutor’s Offices of Kaišiadorys Region and Alytus Region.

“It should be admitted that prosecutors failed to use effectively the possibility to investigate crimes committed during occupation period; up to 1998 actually no cases were handed over to the court, despite the fact that there were more objective possibilities to find out the facts surrounding those crimes, identify alive offenders, witnesses, record their statements and collect documentary evidence”, says Prosecutor General Mr. Algimantas Valantinas. According to him, even though chances of imposing criminal liability on the offenders objectively decrease, prosecutors’ efforts and work are still fruitful. Consequently, in this year investigation of crimes against humanity and war crimes will remain one of the most important fields of activity of prosecutor’s office.

Mr. Rimvydas Valentukevičius, Chief Prosecutor of Special Investigations Division of Prosecutor General’s Office notes that the results were attained thanks to exceptional work and consideration of the chief prosecutors of Kaunas Regional Prosecutor’s Office and application of organizational tools. Meanwhile, work results of other regional prosecutor’s offices are not good, as they have neither completed nor handed over to the court any criminal case of this particular category.

In the summary presented by Special Investigation Division of Prosecutor General’s Office statistics of the last year reveal little data on the investigation into crimes against humanity and war crimes. This is explained by the following reasons: a long period of time has passed since the commission of crimes; alleged offenders, victims and witnesses have attained an old age or their health status is poor; documents which could help prosecutors to investigate the crimes have not remained in the archives of Lithuania or other countries or prosecutors cannot access such documents. Furthermore, competent law enforcement institutions of the Russian Federation, Israel and Byelorussia refuse to provide legal assistance related with provision of necessary documents or identification of the alleged offenders, such as officers of repressive or other structures that have been operating during occupational period.

It should be noted that since the restoration of independence of Lithuania, two hundred and twenty nine pre-trial investigations into crimes against humanity and war crimes committed during periods of occupation were initiated in Lithuania. Twenty criminal cases (8.9 percent) concerning twenty nine persons have been handed over to the court; in eighteen cases (out of those twenty) indictments were drawn, and in two cases prosecutor made the decision to apply coercive medical measures.

In two criminal cases that were handed over to the court, four defendants (13.8 percent.) were acquitted, and cases concerning two persons are still being examined. Six persons were convicted and sentenced to imprisonment namely, one person was sentenced to restriction of freedom, and the rest five persons were sentenced to imprisonment; however, all of them were exempted either from the sentence or criminal liability. Furthermore, a number of criminal cases against six persons have been terminated due to legal incapacity of the persons in question, and coercive medical measures were imposed on them. Other criminal cases against five persons were terminated too, because the persons concerned died prior to solving the case. In addition, it should be noted that prosecutors only were conducting pre-trial investigations in all cases that were handed over to the court. In eighteen years of pre-trial investigation practice there were no criminal cases of the above-discussed category that were handed over to the court in which officers of any pre-trial investigation agency were conducting investigation.

 
Public Relations Division

Prosecutor General’s Office of the Republic of Lithuania

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