Minister A. Anušauskas and Lt Gen V. Rupšys briefed President on the proposed amendments to the Law on the Organization of National Defence and Military Service and to the Statute on the Use of Military Force. The amendments entail concrete authorizations to military personnel when emergencies are declared, as well as terms of exercising such authorizations.
“The Government has taken a decision that persons who have crossed the border into the territory of Lithuania illegally shall be turned back to where they have come from. The laws of the Republic of Lithuania allow for use of force to that end. When approved, the amendments to the law will authorize the Armed Forces the same way an imposition of the state of emergency would. It will enable the military to assist on the border and carry out critical tasks effectively,” said Minister A. Anušauskas.
Military personnel may be authorized as follows:
- to give mandatory instructions to natural and legal persons, other organisations and their subdivisions;
- to persecute and detain persons who do not follow the mandatory instructions, suspected of committing or committing criminal offences or other infringements of the law;
- to impose temporary limitation on access to designated territories or quarters, halt activities pursued, restrict or ban traffic in such areas;
- to inspect documents of persons, vehicles, weapons, and other items;
- to carry out search of persons and their belongings;
- to pull over, verify and search vehicles, cargo and other items, as well as persons and their luggage on board;
As the draft law amendments stipulate, additional authorization could be given to military personnel by decision of the Minister of Defence only when the following conditions are met:
- national emergency is declared;
- the scope of the event is rapidly expanding and basic conditions for the police, State Border Guard Service or the Public Security Service under the Ministry of the Interior have to be recreated so as to prevent threats to public peace;
- a reasoned request document is issued by the Government Emergency Commission Chair (currently, the Minister of the Interior);
- the decision is agreed to by the President.
Military personnel could be used only in the emergency area and the additional authorisation can be given for the period not longer than three months. The term can be renewed again for an unlimited number of times that, however, does not exceed the duration necessary for restoring the conditions for the activity of national authorities.
Military personnel would be allowed to use special measures, including physical force, combat wrestling, handcuffs and restraints, gas, etc., in case of necessity. The list of special measures will be approved in an order of the Minister of National Defence.
A. Anušauskas, Lt Gen V. Rupšys and G. Nausėda agreed that extended authorization for the Armed Forces should be a sufficient measure to control the emergency as it is. Once the Government passes the resolution, the amendments will have to be approved by the Seimas, and the option to declare the state of emergency will be considered only if the Seimas does not approve the amendments or the measures they provide for prove insufficient to ensure public peace.
The Lithuanian Armed Forces currently supports the Ministry of the Interior in patrolling the border area, putting up the razor-wire fencing and camps for illegal immigrants and maintaining and ensuring security in them. Minister and Head of State discussed the possibilities to continue expanding the support by delegating a part of the additional force to assist in the work of Concertina fencing.
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