THE CONSTITUTIONAL COURT OF
THE REPUBLIC OF LITHUANIA
DECISION
On the dismissal of initiated legal proceedings of Case No 8
"On the request of Vilnius 2nd District Court to investigate
if Article 81
of the Law of the Republic of Lithuania on Operational
Activities is in
compliance with the Constitution of the Republic of
Lithuania"
21 December 1993, Vilnius
The Constitutional Court of the Republic of Lithuania,
composed from the Justices of the Constitutional Court
Algirdas Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis,
Vladas Pavilonis, Pranas Vytautas Rasimavičius, Stasys
Stačiokas, Teodora Staugaitienė, Stasys Šedbaras and Juozas
Žilys,
the secretary of the hearing - Rolanda Stimbirytė,
representative of the party concerned - Egidijus
Bičkauskas, deputy Chairman of the Seimas,
in court sitting conducted the investigation of the
request of the representative of the party concerned to
dismiss the initiated legal proceedings of Case No 8 "On
the request of Vilnius 2nd District Court to investigate if
Article 81 of the Law of the Republic of Lithuania on
Operational Activities in compliance with the Constitution
of the Republic of Lithuania".
The Constitutional Court
established:
The petitioner - a judge of Vilnius 2nd District Court
while investigating on 24 August 1993 civil case No 24-1765
concerning illegal actions of officials restricting civil
rights, faced doubts whether Article 81 of the Law of the
Republic of Lithuania on Operational Activities
(Parliamentary Record, No 30-679, 1993), which provides for
preventive detention of persons, is in compliance with the
Constitution of the Republic of Lithuania. The judge by his
ruling suspended the investigation of said case and
addressed the Constitutional Court with the request to
examine the conformity of Article 81 of the Law on
Operational Activities with Articles 20 and 31 of the
Constitution of the Republic of Lithuania.
On 15 December 1993, the Seimas adopted the Law "On
Appending the Code of Criminal Procedure of the Republic of
Lithuania" (Parliamentary Record, No 70-1310, 1993), in the
second Article of which it is established that upon the
enforcement of said law, the Provisional Law of the Republic
of Lithuania "On Appending the Law of the Republic of
Lithuania on Operational Activities shall become null and
void. Taking the fact that the act in dispute ceased to be
force into consideration, the Constitutional Court holds
that there is a ground for the dismissal of the initiated
legal proceedings of the case.
Conforming to the fourth part of Article 69 of the Law
of the Republic of Lithuania on the Constitutional Court,
the Constitutional Court of the Republic of Lithuania has
taken the following
decision:
To dismiss the initiated legal proceedings of the case.
Justices of the Constitutional Court:
Algirdas Gailiūnas Kęstutis Lapinskas
Zigmas Levickis Vladas Pavilonis
Pranas Vytautas Rasimavičius Stasys Stačiokas
Teodora Staugaitienė Stasys Šedbaras
Juozas Žilys