When can the right to hold a meeting, procession, or picket be restricted?
The right to hold meetings, processions or pickets may only be restricted by law and when these restrictions are necessary in a democratic society:
- in the interests of national security, territorial integrity, or public safety
- for the prevention of disorder or crime
- for the protection of health or morals, or the reputation or rights of others
Within the confines of the event, the Law on Meetings in particular prohibits participants from, inter alia, attacking the independence and territorial integrity of the Republic of Lithuania, proposing the forcible amendment of the political system of Lithuania, calling for disobedience of laws, propagating war, violence, national or racial hatred, open Nazi, fascist, or communist ideology, praising or suggesting the commitment of criminal offences or other law infringements, or acting in a way that presents a risk to the health and safety of others. Certain expressions such as praise or denial of committed genocide, crimes against humanity or war crimes may result in criminal responsibility.
Order must be observed during public assembly. If it is not observed, police have the right to give orders to ensure compliance with the law as well as to order the assembly to disperse. If an assembly turns violent, police have the right to use force if necessary and to detain persons acting aggressively. Aggressive behaviour and behaviour contrary to national law may result in administrative and criminal responsibility. However, the force used by police must be absolutely necessary and proportionate to the threat.
What human rights violation may there be?
If you are prohibited or held back from conducting a lawful meeting, procession or picket, or you are detained or otherwise sanctioned for organising or participating in a form of peaceful demonstration, your right to peaceful assembly or freedom of expression may have been violated.
Any restriction on the freedom of assembly or freedom of expression must be prescribed by law, pursue a legitimate aim, and be necessary in a democratic society. If it fails to meet any one of these three requirements, such a restriction cannot be considered justified.
Read more about freedom of assembly and freedom of expression in this Guide.
The law enforcement authorities may temporarily hold you or detain you with the aim of protecting you or others from harm, and in cases of potential administrative or criminal responsibility. However, this deprivation of liberty must comply with lawful obligations and not be arbitrary. If you have been held or detained unlawfully or arbitrarily, your right to liberty and security of person may be violated.
important If you are arrested on criminal suspicion and do not have an attorney-at-law at the time, you can ask the arresting officer to temporarily assign you an attorney who will be paid for by the State. Read more about arrest in this Guide.