Prosecutor General’s Office of the Republic of Lithuania confirms that a request for legal assistance was sent to the Ministry of Justice of Israel in June 2007 regarding execution of pre-trial investigation acts in respect of Yizthak Arad, i.e. it was requested to serve upon the said person the notification of suspicion in respect of criminal acts regarded as crimes against humanity in respect of Lithuanian residents (murder of civilians, prisoners of war, murders of Lithuanian partisans) which were allegedly committed during and the service of the said person in the Soviet NKVD in the years of World War II in Nazi occupied Lithuania and the post-war years. It was also requested to question the said person regarding circumstances indicated in the notification of suspicion. Pre-trial investigation in which activity of Y. Arad and other persons is investigated, was initiated in May 2006 on the grounds of signs of criminal acts provided for in the article 100 of the Criminal Code of the Republic of Lithuania (Treatment of People Prohibited under International Law). Investigation is conducted by the State Security Department and controlled by the Special Investigations Division, Prosecutor General’s Office.

Mr. Rimvydas Valentukevičius, Chief Prosecutor, Special Investigations Division, Prosecutor General’s Office of the Republic of Lithuania, has noted that the provisions of the Criminal Procedure code which were in power on the day the request was sent provided for the fact that a person who could testify about a criminal act allegedly committed by himself should not be questioned as a witness. Therefore, when testifying during pre-trial investigation Mr. Y. Arad would be able to give evidence in respect of the circumstances referred to in the notification and necessary for pre-trial investigation only if he had the procedural status of a suspect. The Laws of the Republic of Lithuania ensure that such status guarantees the right of the person to defense as well as other procedural rights the person would not have if he were a witness. Please note that surrender of Yizthak Arad to Lithuania was not requested, he is not accused. He is only suspected of having allegedly committed the said criminal acts. The prosecutors have not addressed a court regarding an arrest order of the said person, therefore, he would not be arrested or detained if he came to our country to testify. Regarding the fact that sufficient factual data has been collected which allow assuming that a criminal act was committed, further to the requirements of criminal procedure Mr. Y. Arad is requested to present his attitude in respect of the suspicions against him and answer related questions.

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