Lithuania court approves class action lawsuit by asylum seekers unlawfully detained

individuals seeking asylum during the initial six-month period violated the right to liberty guaranteed by Article 20 of the Lithuanian Constitution, but the state failed to implement mechanisms for providing reparation to the victims.

In response to the Supreme Administrative Court’s decision, asylum seekers who were unfairly detained in Lithuania between 2021 and 2022 have an opportunity to take part in the class action lawsuit and seek compensation for the harm they suffered due to their detention. This ruling signifies a significant move towards justice and accountability for asylum seekers who have been mistreated and had their human rights violated by Lithuanian authorities.

Amnesty International has been vocal in its criticism of Lithuania’s policies that allow for the automatic detention of refugees crossing irregularly into the country, as well as pushbacks in response to the surge of migrants in 2021. The organization’s report sheds light on the plight of thousands of refugees from various countries who were unlawfully detained by Lithuanian authorities for an extended period without being able to challenge their detention for the first six months.

The Court of Justice of the European Union also weighed in on the matter in 2022, ruling that a Lithuanian law permitting the automatic detention of refugees and denying them the right to seek asylum was in violation of EU law, including the EU Charter of Fundamental Rights. Furthermore, the Lithuanian Constitutional Court found that the law mandating automatic detention for all asylum seekers during the initial six-month period infringed upon the right to liberty outlined in Article 20 of the Lithuanian Constitution, yet the necessary reparations for the victims were not put in place by the state.

Moving forward, asylum seekers who were subjected to arbitrary detention in Lithuania in 2021-2022 now have until June 10 to participate in the class action lawsuit and seek redress for the injustices they endured. This case highlights the importance of holding EU member states accountable for upholding the rights of refugees and ensuring that hostile migration policies do not lead to human rights abuses and mistreatment of vulnerable individuals seeking asylum. The decision of the Supreme Administrative Court in accepting the class action lawsuit sets a precedent for justice and reparations for those who have been wrongfully detained and mistreated in violation of their fundamental rights.