REPUBLIC OF LITHUANIA
LAW ON
THE INTELLIGENCE OMBUDSPERSONS
23 December 2021 No XIV-868
(As last amended on 22 June 2023 – No XIV-2090)
Vilnius
CHAPTER ONE
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. The purpose of this Law shall be to establish a legal framework for the independent external oversight of intelligence institutions which would guarantee the independence, lawfulness and compliance of activities of intelligence institutions with requirements of the protection of human rights and freedoms.
2. This Law shall establish the status, powers, appointment and release/dismissal procedure and accountability of the Intelligence Ombudsperson, relationship with the committee of the Seimas of the Republic of Lithuania exercising parliamentary scrutiny of intelligence institutions, the Seimas committee responsible for ensuring human rights and freedoms and other entities of control of activities of intelligence institutions, also the status of the Intelligence Ombudspersons’ Office of the Republic of Lithuania and the grounds for organising the activities thereof.
Article 2. Definitions
1. ‘Complainant’ means a natural or a legal person who refers to an Intelligence Ombudsperson by lodging a complaint therewith.
2. ‘Report’ means the information provided by an intelligence officer about the allegedly unlawful activities of an intelligence institution and/or the allegedly unlawful decisions adopted by it in respect of the persons subject to intelligence activities in violation of requirements for the protection of human rights and freedoms and requirements for the processing of personal data processed for the purposes of national security or defence.
3. ‘Complaint’ means a referral by a complainant to the Intelligence Ombudsperson stating that, due to abuse of office or bureaucracy in the area of public administration by intelligence institutions and/or intelligence officers or due to other actions of intelligence institutions and/or intelligence officers, his/her rights and freedoms have been violated, violations of personal data processed for the purposes of national security or defence have been committed and requesting to defend these rights and ensure compliance with requirements for the processing of these personal data.
4. ‘Seimas committee responsible for ensuring human rights and freedoms’ means a Seimas committee referred to in the Statute of the Seimas of the Republic of Lithuania and responsible for the shaping of state policy in the area of human rights and freedoms.
5. ‘Seimas committee exercising parliamentary scrutiny of intelligence institutions’ means a Seimas committee as specified in the Statute of the Seimas and assigned to exercise parliamentary scrutiny of intelligence institutions.
6. ‘Inspection by the Intelligence Ombudsperson’ means a verification of factual circumstances carried out by the Intelligence Ombudsperson in order to determine whether there are grounds to open an investigation by the Intelligence Ombudsperson.
7. ‘Investigation by the Intelligence Ombudsperson’ means a procedure carried out by the Intelligence Ombudsperson and comprising an assessment of the lawfulness of activities of intelligence institutions and/or intelligence officers, abuse of the powers granted to them, alleged violation of requirements for the processing of personal data processed for the purposes of national security or defence or any other alleged violation of requirements for the protection of human rights and freedoms in the area of public administration, adoption of decisions and issuance of recommendations.
Article 3. Purpose and objectives of activities of the Intelligence Ombudsperson
1. The purpose of activities of the Intelligence Ombudsperson shall be to carry out independent oversight of the lawfulness of activities of intelligence institutions and assessment of compliance with requirements for the protection of human rights and freedoms.
2. The objectives of activities of the Intelligence Ombudsperson shall be as follows:
1) to assess the compliance of activities of intelligence institutions and actions of intelligence officers and/or decisions adopted thereby as well as internal legal acts of intelligence institutions with laws and other legal acts, to verify and assess the lawfulness of the use of methods of collection of intelligence and application of intelligence methods;
2) to exercise control over the lawfulness of the processing of personal data processed by an intelligence institution for the purposes of national security or defence;
Article 4. Basic principles of activities of the Intelligence Ombudsperson
The Intelligence Ombudsperson shall observe the following principles in his/her activities:
1) lawfulness and the supremacy of law. The Intelligence Ombudsperson shall act in accordance with the Constitution of the Republic of Lithuania, international treaties and agreements of the Republic of Lithuania, this Law and other laws and legal acts and the principles of law;
2) respect for the person and the State. In his/her activities, the Intelligence Ombudsperson shall rely on respect for human fundamental rights and freedoms, the public interest and the State, its institutions and agencies;
3) independence. The Intelligence Ombudsperson shall be independent from other institutions and shall independently decide on the issues falling within his/her remit;
4) accountability. The Intelligence Ombudsperson shall be accountable for his/her activities to the Seimas;
5) timeliness. The Intelligence Ombudsperson shall, as soon as possible, conduct investigations of the lawfulness of the activities carried out by intelligence institutions and alleged violations;
6) transparency. The Intelligence Ombudsperson shall provide information to the public, the Seimas and other interested persons about the activities carried out by him/her and the decisions adopted with a view to disclosing the motives of the decisions adopted. Information shall not be provided if the methods and means of activities of intelligence institutions, operational tactics may be disclosed and/or damage may be caused to the activities of intelligence institutions;
7) clarity. A decision adopted by the Intelligence Ombudsperson must be reasoned, consistent, accurate, understandable and unambiguous;
8) impartiality. The Intelligence Ombudsperson shall protect the rights and freedoms of all persons equally (equally fairly) regardless of their nationality, race, gender, language, origin, social status, belief, convictions or views;
Article 5. Intelligence Ombudsperson
The Intelligence Ombudsperson shall be a state official appointed by the Seimas who carries out the oversight of the lawfulness of activities of intelligence institutions and assessment of compliance with requirements for the protection of human rights and freedoms.
Article 6. Requirements for the Intelligence Ombudsperson
A citizen of the Republic of Lithuania of good repute, as defined in the Law of the Republic of Lithuania on the Civil Service, who holds the Master’s degree or a qualification acquired upon completion of the integrated studies and has at least ten years of experience in the activities related to national security and defence and/or protection of human rights and freedoms and meets the requirements set out by legal acts for the issuance of an authorisation to handle, or familiarise with, the information classified ‘Top Secret’ shall be appointed Intelligence Ombudsperson. The Intelligence Ombudsperson shall be a person who has not been a state politician during the last five years before the submission of his/her nomination to the Seimas.
Article 7. Appointment of the Intelligence Ombudsperson
1. The Seimas shall appoint two Intelligence Ombudspersons for a five-year term of office on a recommendation of the Speaker of the Seimas and after consideration by the Seimas committee exercising parliamentary scrutiny of intelligence institutions and the Seimas committee responsible for ensuring human rights and freedoms.
2. The same person may be appointed Intelligence Ombudsperson for not more than two consecutive terms of office.
3. The Intelligence Ombudsperson shall commence performing his/her duties only after he/she swears an oath of office to the Republic of Lithuania at a sitting of the Seimas.
Article 8. Oath of the Intelligence Ombudsperson
1. The text of the oath of the Intelligence Ombudsperson shall read as follows:
‘I, (forename, surname),
swear to be loyal to the Republic of Lithuania, respect and observe its Constitution and laws, perform my duties in good faith, to protect human rights, freedoms and legitimate interests, to be always impartial and to protect the secrets entrusted to me.
So help me God.’
3. The person who has sworn the oath shall place his/her signature under the text of the oath. The signed text of the oath shall be kept in the Intelligence Ombudsperson’s personal file.
Article 9. Prohibitions applicable to the Intelligence Ombudsperson
1. The Intelligence Ombudsperson shall be prohibited from:
1) holding membership of political parties, being an independent political campaigner, a member or sponsor of independent political campaigners;
2) holding membership of an organisation which is prohibited in accordance with the procedure laid down by law;
3) participating in meetings or other public actions of political parties, independent political campaigners which express political views or political demands or directly support an independent political campaigner;
4) owning a private or public legal person, holding membership of a general partnership or a limited partnership, being appointed/elected as member of governing bodies, and being the founder and participant of a legal person;
5) being employed with private or public legal persons and receiving remuneration other than the remuneration for pedagogical and creative work;
2. The Intelligence Ombudsperson may not visit foreign states or territories affected by armed conflict, or other foreign states or territories, for purposes other than those related to the service, where his/her presence therein may undermine the national security or interests of the Republic of Lithuania.
Article 10. Expiry of the powers of the Intelligence Ombudsperson
1. The powers of the Intelligence Ombudsperson shall be terminated:
4) when he/she is absent from work due to temporary incapacity for more than 120 calendar days in succession or for more than 140 days during the last 12 months, unless the law provides that in the case of certain illnesses the position is retained for a longer period, or when the Intelligence Ombudsperson is unable to perform his/her duties pursuant to the conclusions of the Disability and Capacity for Work Establishment Office under the Ministry of Social Security and Labour;
5) when a judgment of conviction whereby the Intelligence Ombudsperson is found guilty of a criminal act becomes effective or a judgment releasing the Intelligence Ombudsperson from criminal liability becomes effective;
7) when he/she loses the citizenship of the Republic of Lithuania in accordance with the procedure laid down by the Law of the Republic of Lithuania on Citizenship;
2. In the case referred to in point 4 of paragraph 1 of this Article, the Seimas shall adopt a decision concerning the termination of powers of the Intelligence Ombudsperson only after receiving a conclusion of a medical commission set up by the Minister of Health.
3. Where the powers of the Intelligence Ombudsperson who is the Head of the Intelligence Ombudspersons’ Office have been terminated, the Board of the Seimas shall, by its own decision, instruct another Intelligence Ombudsperson to act as the Head of the Intelligence Ombudspersons’ Office until the appointment of the permanent Head of the Intelligence Ombudspersons’ Office.
Article 11. Duties of the Intelligence Ombudsperson
The Intelligence Ombudsperson shall:
1) exercise continuous supervision of the lawfulness of activities of intelligence institutions related to the actions of intelligence institutions and intelligence officers and the decisions adopted thereby;
2) carry out inspections in order to determine whether there are grounds to open an investigation by the Intelligence Ombudsperson;
3) assess the lawfulness of collection of intelligence and application of intelligence methods and other activities of intelligence institutions and/or intelligence officers, abuse of the powers granted to them, bureaucracy, alleged violations of human rights and freedoms or legitimate interests or alleged violations of requirements for the processing of personal data processed for the purposes of national security or defence or other alleged violations of human rights and freedoms in the area of public administration;
4) verify the lawfulness of the processing of personal data processed for the purposes of national security or defence;
6) upon completion of investigations, adopt decisions on the examined complaints/reports of complainants (intelligence officers);
7) submit decisions to complainants (intelligence officers), heads of intelligence institutions in respect whereof investigations have been conducted, other institutions indicated in the decisions or interested persons, submit recommendations to intelligence institutions with a view to eliminating the causes of the established violations and ensuring that similar violations do not reoccur in the future;
8) upon discovering elements of an allegedly committed criminal act, refer to a pre-trial investigation body or to a prosecutor;
9) draw up and provide to intelligence institutions methodological recommendations and/or consultations on the improvement of their activities related to the conduct of intelligence and counter-intelligence activities;
Article 12. Rights of the Intelligence Ombudsperson
In performing his/her duties, the Intelligence Ombudsperson shall have the right:
1) to enter official or other premises, territories, means of transport or other objects lawfully managed or used by intelligence institutions, where this is necessary for the performance of the duties of the Intelligence Ombudsperson;
2) to familiarise with the information comprising a state secret or an official secret which is at the disposal of an intelligence institution, where such familiarisation is necessary for the performance of the duties of the Intelligence Ombudsperson, and to use it, except for the information on the identity of classified intelligence officers or covert human intelligence sources and the information received from foreign partners;
3) to obtain the documents (including the documents containing the information comprising a state secret or an official secret) necessary for the performance of the duties of the Intelligence Ombudsperson, except for the information on the identity of classified intelligence officers or covert human intelligence sources and the information received from foreign partners;
4) to receive reasoned recommendations of heads of intelligence institutions or their authorised deputies to carry out the actions of collection of intelligence as sanctioned by court;
5) to receive oral and/or written explanations from intelligence officers and other persons related to the investigation being conducted by the Intelligence Ombudsperson;
6) to draw up an administrative offence record regarding the administrative offences provided for in Articles 505 and 507 of the Code of Administrative Offences of the Republic of Lithuania;
7) to refer to an administrative court with a request to investigate the compliance of an administrative regulatory enactment (or part thereof) with laws or Government regulatory enactments;
8) refer, in accordance with the procedure laid down by law, to a court or to other state and municipal institutions and agencies as well as other persons on the issues falling within the remit of the Intelligence Ombudsperson;
9) to obtain reasoned rulings of regional courts to carry out actions of collection of intelligence as sanctioned by court. The Intelligence Ombudsperson shall not assess the validity and legitimacy of the court rulings;
10) submit, within his/her remit, proposals to the President of the Republic, the Seimas, the Government and other state institutions and agencies regarding the improvement of legal acts governing the activities of intelligence institutions and the protection of human rights and freedoms as well as the protection of personal data processed for the purposes of national security or defence, inform the entities referred to in this point about violations of laws or other legal acts;
Article 13. Duty to protect secrets and personal data
The Intelligence Ombudsperson, civil servants and contractual employees of the Intelligence Ombudspersons’ Office (hereinafter: ‘employees’) must protect the state, official, commercial or bank secrets and personal data protected by law which come to their knowledge in the performance of their duties.
CHAPTER THREE
INVESTIGATIONS, RECEIPT AND EXAMINATION OF COMPLAINTS/REPORTS, PROVISION OF METHODOLOGICAL RECOMMENDATIONS AND CONSULTATIONS
Article 14. Investigations conducted by the Intelligence Ombudsperson
The Intelligence Ombudsperson shall conduct investigations:
1) on his/her own initiative, if he/she finds indications that intelligence institutions and/or intelligence officers may be abusing the powers granted to them or may be violating human rights and freedoms or legitimate interests, or may be violating requirements for the processing of personal data processed for the purposes of national security or defence or may be otherwise violating human rights and freedoms in the area of public administration;
Article 15. Lodging of complaints/reports
1. A complainant shall have the right to lodge a complaint with the Intelligence Ombudsperson regarding abuse of the powers granted to intelligence institutions and/or intelligence officers or bureaucracy in the area of public administration, also regarding compliance of other actions of intelligence institutions and/or intelligence officers with statutory requirements and requirements for the protection of human rights and freedoms and alleged violations of the processing of personal data processed for the purposes of national security or defence.
2. An intelligence officer shall have the right to submit to the Intelligence Ombudsperson a report regarding the allegedly unlawful activities of an intelligence institution and/or the allegedly unlawful decisions adopted by it in respect of the persons subject to intelligence activities in violation of requirements for the protection of human rights and freedoms and requirements for the processing of personal data processed for the purposes of national security or defence.
3. The Intelligence Ombudsperson shall also examine the complainants’ complaints referred to him/her by the Members of the Seimas, other institutions or officials which are in conformity with the requirements of Article 16 of this Law.
4. Written complaints shall be usually lodged through the National Information System for Delivery of Electronic Messages and Documents Using Post Infrastructure (hereinafter: the ‘e-Delivery System’), by other electronic means of communication, by registered post or directly. E-delivery services for natural persons who send electronic deliveries through the e-Delivery System to the Intelligence Ombudsperson shall be provided free of charge. If a complaint is received orally or by telephone, the Intelligence Ombudsperson may open an investigation on his/her own initiative.
Article 16. Requirements for a complaint and a report
1. A complaint must contain the following information:
2) the complainant’s forename, surname/name, address/registered office and, if available, the complainant’s e-mail address, telephone number, fax number or addresses of other electronic means of communication, as well as the forename, surname and address of a representative, if any, and, if available, his/her e-mail address, telephone number, fax number or addresses of other electronic means of communication;
3) the forenames, surnames and positions of the intelligence officers complained about, the name of the intelligence institution in which they hold office;
4) the description of the intelligence institution’s decision or acts complained against, the time and circumstances under which the acts have been committed;
2. If the complaint is lodged by a representative of the complainant, it must be accompanied by an authorisation or any other document confirming the representative’s powers.
3. The complaint may be accompanied by the following:
4. A report must contain the following information:
2) the intelligence officer’s forename, surname, address and, if available, his e-mail address, telephone number, fax numbers or addresses of other means of electronic communications, as well as the name of the intelligence institution in which he/she holds office;
3) the description of the allegedly unlawful act of the intelligence institution and/or the date of the adoption and number of the allegedly unlawful decision thereof;
6. Non-compliance to the requirements referred to in paragraph 1, 2 and 4 of this Article or failure to indicate the particulars may not serve as a basis for refusal to examine a complaint/report except for anonymous complaints and cases where the investigation may not be opened due to insufficiency of facts of the matter, while the complainant (intelligence officer) fails to submit the facts on the Intelligence Ombudsperson’s request or in case the text of the complaint/report is illegible or the content of the complaint/report is incomprehensible.
Article 17. Time limit for lodging a complaint/report
The time limit for lodging complaints/reports shall be one year after the commitment of the actions complained against or after the adoption of the decision complained against. Complaints/reports lodged after the expiry of the specified time limit shall not be investigated, unless the Intelligence Ombudsperson decides otherwise.
Article 18. Anonymous complaints/reports
Anonymous complaints/reports shall not be investigated, unless the Intelligence Ombudsperson decides otherwise.
Article 19. Refusal to examine a complaint/report
1. The Intelligence Ombudsperson shall, within ten working days of receipt of a complaint/report, adopt a decision to refuse to examine the complaint/report if:
1) the circumstances indicated in the complaint/report are outside the Intelligence Ombudsperson’s remit;
2) the complaint/report on the same matter has already been heard or is being heard in court, or is being dealt with by other competent state institutions or agencies;
3) a procedural decision to open a pre-trial investigation of the substance of the complaint/report has been adopted;
2. Where a decision to refuse to examine a complaint/report is adopted, the grounds for refusal shall be communicated to the complainant (intelligence officer) who lodged the complaint/report in accordance with the procedure laid down in Article 20(2) of this Law. In the cases where the examination of the complaint/ report falls outside the remit of the Intelligence Ombudsperson, it shall be indicated, in accordance with the procedure laid down in Article 20(2) of this Law, to which institution or agency the complainant (intelligence officer) who has lodged the complaint/report may refer on the matter or to which institution or agency the complaint/report has been referred.
3. A repeated complaint/report shall not be examined, except for the cases where new significant circumstances and/or facts are indicated in the repeated complaint/report.
Article 20. Time limits for examining a complaint/report and methods of notification
1. A complaint/report must be examined and a reply must be given to a complainant (intelligence officer) in accordance with the procedure laid down in Article 2 of this Law within three months of receipt of the complaint/report, unless it is necessary to extend the examination of the complaint/report due to the complexity of the circumstances referred to in the complaint/report, the volume of information or the continuous nature of the actions complained against. The complainant/intelligence officer shall be notified of the decision to extend the time limit for examination of the complaint/reports. Complaints/reports must be examined within the shortest time possible.
2. If the complainant has not indicated the desired manner of receipt of the reply to the complaint and/or the necessary contact details, he/she shall be informed of the decisions of the Intelligence Ombudsperson in the following order of priority: via the e-Delivery System; if the complainant’s electronic delivery box is inactive, the reply shall be sent to him/her via the e-Delivery System, but delivered as a registered postal item; other means of electronic communications or a registered postal item. Where the complainant has indicated the desired manner of receipt of the reply to the complaint/report and the necessary contact details, the reply to the complaint/report shall be delivered to him/her in this manner.
Article 21. Discontinuation of investigation conducted by the Intelligence Ombudsperson
1. The investigation conducted by the Intelligence Ombudsperson shall be terminated if:
1) the circumstances due to which the investigation has been opened cease to exist during the investigation;
2) the complainant (intelligence officer) who has lodged a complaint/report withdraws the complaint/report;
3) issues are resolved through the mediation of the Intelligence Ombudsperson or the act violating human rights and freedoms or his/her lawful interests is terminated;
Article 22. Decisions of the Intelligence Ombudsperson
1. Upon examining a complaint/report and carrying out the actions required for an investigation, the Intelligence Ombudsperson shall evaluate the collected data and, within his/her remit, adopt one of the following decisions:
2. Upon carrying out investigation actions started on his/her initiative, the Intelligence Ombudsperson shall evaluate the collected data and, within his/her remit, adopt one of the following decisions:
1) to recognise that no violations of legal acts have been established and/or there have been no cases of abuse, bureaucracy or other violations of human rights and freedoms in the area of public administration;
4. A decision of the Intelligence Ombudsperson shall be submitted to:
2) the head of the intelligence institution in respect whereof the investigation has been conducted;
5. Where elements of an allegedly committed criminal act are detected, the decision shall be submitted to a pre-trial investigation body or a prosecutor.
6. Where a decision adopted by the Intelligence Ombudsperson contains information comprising a state, official, commercial or bank secret, or personal data protected by law, an extract of the decision of the Intelligence Ombudsperson may be submitted, provided that the person to whom such a decision is addressed does not have the right to familiarise with information comprising a state, official, commercial or bank secret or to other persons’ personal data protected by law.
Article 23. Binding nature of demands of the Intelligence Ombudsperson
1. On the Intelligence Ombudsperson’s demand, intelligence institutions and/or intelligence officers must, within the time limit set by him/her, provide him/her with the information, documents, explanations and other material necessary for the discharge of his/her functions.
2. An Intelligence Ombudsperson’s decision must be examined by an intelligence institution to which such a decision is addressed and inform the Intelligence Ombudsperson about the results of the examination. The information shall be provided to the Intelligence Ombudsperson without delay after adopting decisions on the measures to be taken having regard to the decision of the Intelligence Ombudsperson, but not later than within 30 days after receipt of the decision.
Article 24. Methodological recommendations, consultations of the Intelligence Ombudsperson
The Intelligence Ombudsperson shall provide intelligence institutions with methodological recommendations and/or consultations on the improvement of their activities related to the carrying-out of intelligence and counter-intelligence activities. Methodological recommendations and/or consultations shall not be related to specific investigations conducted by the Intelligence Ombudsperson and shall be provided with a view to ensuring the lawfulness of activities of intelligence institutions and compliance with requirements for the protection of human rights and freedoms.
Article 25. Intelligence Ombudspersons’ Office
1. In order to ensure the work of the Intelligence Ombudspersons, the Intelligence Ombudspersons’ Office shall be established to assist in carrying out inspections and investigations of activities of intelligence institutions, to examine complaints/reports of complainants and intelligence officers and to prepare methodological recommendations and/or consultations referred provided for in Article 24 of this Law as well as to assist the Head of the Intelligence Ombudspersons’ Office in properly discharging the functions of the Head of the Intelligence Ombudspersons’ Office.
2. The Intelligence Ombudspersons’ Office shall be a budgetary institution financed from the state budget, having a bank settlement account and a seal with the Lithuanian state emblem and its name imprinted thereon.
Article 26. Structure of the Intelligence Ombudspersons’ Office
1. The Intelligence Ombudspersons’ Office shall be directed by the Head of the Intelligence Ombudspersons’ Office.
2. The Intelligence Ombudspersons’ Office shall consist of two Intelligence Ombudspersons, civil servants and contractual employees.
3. The civil servants and contractual employees of the Intelligence Ombudspersons’ Office must meet the requirements set by legal acts necessary for the issuance of an authorisation to handle or familiarise with classified information. The job descriptions of the civil servants and contractual employees of the Intelligence Ombudspersons’ Office must indicate the specific type of classified information for which the civil servants and contractual employees are required to obtain an authorisation to handle or familiarise with classified information.
4. The structure of the Intelligence Ombudspersons’ Office, its tasks, functions and organisation of work shall be established by the Regulations of the Intelligence Ombudspersons’ Office approved by the Head of the Intelligence Ombudspersons’ Office.
Article 27. Head of the Intelligence Ombudspersons’ Office
1. The Seimas shall appoint one of the Intelligence Ombudspersons as the Head of the Intelligence Ombudspersons’ Office on a recommendation of the Speaker of the Seimas after consideration by the Seimas committee exercising parliamentary scrutiny of intelligence institutions and the Seimas committee responsible for ensuring human rights and freedoms.
2. In addition to his/her direct duties of the Intelligence Ombudsperson, the Head of the Intelligence Ombudspersons’ Office shall also discharge following functions:
3) adopt a decision to extend the time limit for examining a complaint/report where the Intelligence Ombudsperson conducting the investigation is temporarily incapacitated for work and therefore is temporarily unable to perform his/her duties;
4) represent the Intelligence Ombudspersons’ Office at institutions and agencies of the Republic of Lithuania and foreign countries as well as at international organisations;
5) ensure the efficient use of financial and other resources allocated for the activities of the Intelligence Ombudspersons’ Office;
6) lay down requirements for internal administration of the Intelligence Ombudspersons’ Office, ensuring of trustworthiness of the personnel, administration of classified information, physical security of classified information, security of classified contracts, protection of classified information communications and information systems, other internal security requirements and the procedure for implementing them;
7) recruit and release/dismiss civil servants and contractual employees of the Intelligence Ombudspersons’ Office in accordance with the procedure laid down by law;
8) approve the Regulations of the Intelligence Ombudspersons’ Office, regulations of structural divisions, rules of procedure of the Intelligence Ombudspersons’ Office establishing internal rules of procedure, lists of positions and job descriptions of the civil servants and contractual employees thereof, set specific basic salary coefficients for the civil servants and contractual employees;
9) grant leave to the Intelligence Ombudsperson, the civil servants and contractual employees of the Intelligence Ombudspersons’ Office and send them on business trips, traineeships;
10) adopt decisions on the improvement of qualifications of the civil servants and contractual employees of the Intelligence Ombudspersons’ Office;
11) provide incentives to the civil servants and contractual employees of the Intelligence Ombudspersons’ Office, impose disciplinary penalties on them or adopt decisions on the violation of employment or official duties;
12) organise the preparation and submission to the Seimas of an annual assessment of the lawfulness of the activities of intelligence institutions and a report on the activities of the Intelligence Ombudspersons’ Office for the previous calendar year;
3. The Head of the Intelligence Ombudspersons’ Office shall be the manager of state budgetary appropriations allocated to the Intelligence Ombudspersons’ Office.
4. The Head of the Intelligence Ombudspersons’ Office shall issue orders on matters within his/her remit and control their execution, sign internal administration documents.
5. Where the Head of the Intelligence Ombudspersons’ Office is on holiday or on a business trip outside the Republic of Lithuania for more than one day or is temporarily incapacitated for work and therefore temporarily unable to perform his/her duties, the other Intelligence Ombudsperson shall deputise for him/her.
6. The Seimas shall release the Head of the Intelligence Ombudspersons’ Office on a recommendation of the Speaker of the Seimas after consideration by the Seimas committee exercising parliamentary scrutiny of intelligence institutions and the Seimas committee responsible for ensuring human rights and freedoms.
Article 28. Remuneration for work and social guarantees of the Intelligence Ombudsperson
1. The amounts and conditions of payment of remuneration of the Intelligence Ombudsperson shall be stipulated in the Law of the Republic of Lithuania Law on Remuneration of State Politicians and State Officials.
2. The Intelligence Ombudsperson shall be insured by the state social insurance in accordance with the procedure laid down by the Law of the Republic of Lithuania on State Social Insurance.
3. The Intelligence Ombudsperson shall be granted a leave of 22 working days each year. The Intelligence Ombudsperson with more than five years of service to the State of Lithuania shall be granted an additional three working days of annual leave for each subsequent three years of service, but the total duration of the annual leave shall not exceed 37 working days. The Intelligence Ombudsperson shall also be entitled to special and extended, additional leave specified in Article 125 of the Labour Code of the Republic of Lithuania. The unused annual leave shall be granted to the Intelligence Ombudsperson at another time.
4. Upon the expiry of the term of office, the Intelligence Ombudsperson shall be paid a discharge gratuity in the amount of two monthly salaries. The Seimas Ombudsman who is released when he/she is unable to continue in office for health reasons shall receive a discharge gratuity in the amount of three monthly salaries. In the event of the death of the Intelligence Ombudsperson, the benefit in the amount of three-month salaries shall be paid to the members of his/her family (spouse, partner, cohabitee, minor children/adopted children until they reach the age of 18 as well as older children/adopted children if they study under a general education programme or a formal vocational training programme for acquisition of the first qualification or if they study at a higher education institution under a full-time study programme (including the period of an academic leave) until they reach the age of 24 years, children/adopted children over 18 years of age, if they have been recognised as disabled (prior to 1 July 2005 – as invalids) before reaching the age of 18 years. The above benefits shall be paid from the state budget appropriations allocated for the Intelligence Ombudspersons’ Office. In the event of the release of the Intelligence Ombudsperson at his/her own request, or when a judgment of conviction declaring the Intelligence Ombudsperson guilty of a criminal act becomes effective, or a court decision releasing the Intelligence Ombudsperson from criminal liability becomes effective or he/she loses the citizenship of the Republic of Lithuania or the right to handle or familiarise with the information classified ‘Top secret’, or where at least half of all the Members of the Seimas express no confidence in him/her, no discharge gratuity shall be paid to him/her.
5. Upon the expiry of the term of office, the Intelligence Ombudsperson shall be entitled to the reinstatement of his/her status of a state official, statutory civil servant, career civil servant or head of an agency in accordance with the procedure laid down by legal acts of the Republic of Lithuania.
CHAPTER SIX
PUBLICITY OF ACTIVITIES OF THE INTELLIGENCE OMBUDSPERSON, SUBMISSION OF ASSESSMENTS AND REPORTS
Article 29. Publicity of activities
The Intelligence Ombudspersons shall regularly publish topical news and summary information about their activities, results of the conducted inspections, investigations and implementation of decisions on the website of the Intelligence Ombudspersons’ Office. Information the publication whereof is not permitted under the laws of the Republic of Lithuania shall not be made public.
Article 30. Submission of assessments and annual activity reports
By 1 March each year, the Intelligence Ombudspersons shall submit to the Seimas, in writing, an annual non-classified assessment of the lawfulness of the activities of intelligence institutions and their compliance with the requirements for the protection of human rights and freedoms as well as a non-classified activity report for the previous calendar year, consisting of summary information. The assessment and the report shall be considered by the Seimas and published on the website of the Intelligence Ombudspersons’ Office.
Article 31. Entry into force, implementation and application of the Law
1. The Law, with the exception of paragraph 2 of this Article, shall enter into force on 1 January 2022.
2. The Seimas shall, by 31 December 2021, adopt a resolution on the establishment of the Intelligence Ombudspersons’ Office.
3. Investigations opened and not completed by the Seimas Ombudsperson in respect of the activities of intelligence institutions and/or intelligence officers prior to the entry into force of this Law shall be completed by the Intelligence Ombudsperson.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.