Lithuanian laws that prevent irregular migrants from applying for asylum and put them in automatic detention are contrary to European directives, the Court of Justice of the European Union (CJEU) has ruled.
The CJEU has delivered its judgment in a case concerning the status of an asylum seeker detained after crossing the Lithuanian border.
Lithuania changed its asylum laws last summer, after several thousand irregular migrants crossed into the country from Belarus. Lithuania detained the migrants already in the country, while instructing border guards to push back those trying to enter.
According to the CJEU ruling, detaining people just because they entered the country irregularly is not allowed even under a martial law or a state of emergency.
The court noted that the threat to public order posed by migrants – an argument used by Lithuanian legislators – must be real.
The case was referred to the CJEU by the Supreme Administrative Court of Lithuania (LVAT) at the beginning of the year.
The Lithuanian court was hearing a complaint by a migrant who crossed the Lithuanian border in November last year and presented his passport, but under the existing laws, he was deemed to have entered Lithuania illegally and his asylum applications were not examined.
The LVAT turned to the EU court for clarification.
The CJEU looked the conditions of migrants in Lithuania – whether or not their accommodation at closed migrant centres represents detention, and whether or not it is legitimate to deny migrants the right to apply for asylum if the country is experiencing what it called “migrant influx”.
On both questions, the CJEU’s ruling was negative for Lithuania. The State Border Guard Service (VSAT) was also involved in the case, and the court examined the argument that migrants were allegedly abusing their right to asylum.
“The Lithuanian government did not explain what effect such a measure would have on the maintenance of public order and the safeguarding of internal security in the emergency situation of the massive influx of migrants,” the CJEU criticised Lithuania’s reasoning on the grounds of security.
“In order to justify detention, the Member State where an asylum seeker is seeking international protection must, in principle, prove that in his particular circumstances he poses a threat to national security or public order,” the court said in a press release.
Lawyer Laurynas Biekša told LRT.lt that the court’s decision essentially says that three practices used by Lithuania in the treatment of migrants are illegal.
“Pushing people away [from the border] is illegal; what we are not calling detention is actually detention; and detention is illegal if [it is applied] just because a person has arrived without documents,” he said. “Simply put, Lithuania’s practice of turning people away without accepting their asylum applications and the practice of keeping them in detention have been judged unlawful.”
According to Biekša, there is little likelihood that the CJEU’s verdict will make Lithuania change its policy. International criticism of Lithuania’s treatment of asylum seekers – such as a damning report by Amnesty International released this week – has not led to any changes or even recognition that something should be changed.
“Maybe the CJEU’s ruling will be irrelevant, too,” according to Biekša. “This decision simply confirms that we have been in violation [of EU laws] for a year now.”
There is a chance, however, that Lithuania will attract the attention of EU institutions.
“The European Commission may open an infringement procedure against Lithuania,” he said.
At the very least, however, the CJEU will set a precedent and may influence the outcome of other cases against Lithuania.
“The CJEU has interpreted Lithuania’s situation in the context of EU law. What is interpreted here will apply in all future situations. This case will not necessarily lead to another case. But if it does, it will be based on this precedent,” the lawyer said.
Nils Mužnieks, Amnesty international’s head for Europe, has welcomed the ruling, saying it “details the authorities’ flagrant violation of European and international law”.
“Lithuania is duty bound by its international obligations to offer access to international protection to asylum seekers. Following today’s finding by the Court of Justice of the EU, the authorities should immediately repeal this repressive legislation,” Mužnieks said in a statement published by Amnesty International on Thursday.
He once again called on Lithuanian officials to “end their cruel practice of automatically detaining refugees and migrants”, pointing out that, according to the CJEU, using the terms ‘temporary accommodation’ instead of detention does not absolve the responsibility to respect the rights of refugees and migrants.
Earlier this week, in a report published by Amnesty International, Mužnieks claimed that migrants in Lithuania had been illegally detained for long periods of time in appalling conditions and subjected to physical and psychological violence and other degrading treatment. The organisation called on Lithuania to abandon its policy of pushbacks and immediately release all asylum seekers and irregular migrants.
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