The Intelligence Ombudsperson in Lithuania has raised concerns over human rights protections after the State Security Department (VSD) refused to hand over information requested as part of an ongoing investigation – despite a court order compelling it to do so.
The dispute stems from a complaint submitted on May 10, 2024, alleging potential human rights violations by Lithuania’s security services. Throughout the investigation, the VSD has refused to disclose certain information, citing the Intelligence Law, which, it argues, prohibits the release of data that could compromise the identities, methods, or operations of covert agents or damage institutional work.
In a statement issued on Monday, the watchdog warned that being forced to seek data through the courts significantly hinders its ability to carry out effective oversight of intelligence activities and assess their compliance with human rights requirements.
"It also raises concerns about the protection of human rights and the explainability of intelligence activities in Lithuania," it said.
Intelligence Ombudsperson Nortautas Statkus points to the Law on the Intelligence Ombudsperson, a special law which grants the office broader access to relevant information – excluding only the identities of covert agents or data from foreign partners.
The ombudsperson’s office took the matter to the Regional Administrative Court, which ruled on June 19 in its favour and ordered the VSD to reconsider its position. On July 16, the VSD responded, stating that the request contained no new grounds for revisiting the information previously provided and therefore declined to act on it.
Amid the stalemate, the ombudsperson has submitted proposed legislative amendments to the Seimas aimed at strengthening the office’s legal powers.
"The proposed amendments to the law would allow for an immediate assessment of the legality of the actions of the intelligence authorities when they are initiated and ensure that human rights are not unlawfully or unjustifiably restricted," the office said.
The statement comes as lawmakers prepare to debate changes to the Intelligence Law that would further expand the powers of Lithuania’s security services.
In light of this, the ombudsperson has extended the deadline for examining the complaint until the Lithuanian Parliament reaches a decision on the proposed amendments.
"The Intelligence Ombudspersons' Office stresses that clear and effective oversight of the activities of the intelligence institutions is an inherent value of a democratic state governed by the rule of law, and will continue to pursue the implementation of all the necessary legal instruments," it said.
Giedrimas Jeglinskas, chair of the parliamentary Committee on National Security and Defence, told BNS that the court ruling must be followed.
"It is a fact that a court ruling has to be executed. I don't know how much of our involvement is needed here. The intelligence ombudsperson has the right to receive information in accordance with a court ruling. If they fail to do so, the intelligence ombudsperson can probably appeal further," he said.
Jeglinskas added that discussions are underway with the VSD and the National Military Intelligence Agency to reach a compromise on the proposed amendments.
"Discussions are underway, and we are trying to find a consensus on the wording, so that the intelligence ombudsperson is also provided with information and at the same time, there is no risk of information leaking from our intelligence institutions. The process is rather lengthy, but we are trying to find a wording that is acceptable to everyone," he said.
He could not say when the Parliament would receive the draft legislation, but suggested informal talks might resume in September.
“I think that only maybe in September we will gather to discuss them in an informal institutional format and understand where the main differences are and then decide whether to go to the Seimas with the whole package or whether what we agree on will be enough," Jeglinskas said.
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