The Intelligence Ombudspersons can:
1. Investigate the activities of intelligence institutions and intelligence officers
Intelligence ombudspersons carry out independent oversight of the lawfulness of activities of intelligence institutions and assessment of compliance with requirements for the protection of human rights and freedoms.
Intelligence ombudspersons assess the compliance of activities of intelligence institutions and actions of intelligence officers. They also assess the compliance of decisions adopted by intelligence institutions as well as internal legal acts of intelligence institutions with laws and other legal acts.
Intelligence ombudspersons also exercise control over the lawfulness of the processing of personal data processed by an intelligence institution for the purposes of national security or defence.
At the end of the investigation, an Intelligence Ombusperson will issue a decision on whether there has been a violation of your rights or not. Please note that the Ombudsperson cannot change or amend the decisions of courts or state institutions.
In general, the decision of an Intelligence Ombusperson is not binding but they must be examined and the Ombudsperson must be informed on their implementation.
Courts can take the Ombudsperson’s decision into account when deciding on your compensation claim. For example, if an Intelligence Ombusperson has issued a decision that your right were violated, you can claim compensation for such a violation in the courts.
2. Help to prevent future violations of a similar kind against you or other persons
If an Intelligence Ombudsperson’s investigation reveals a problem in a law or usual practice, he/she can propose changes to them to prevent future violations.
3. Help you to understand your human rights and explain how better to defend them
If you are not sure if your human rights have been violated or whether the Intelligence Ombudspersons can investigate your case, you can email (info@zki.lt) or call (+370 5 209 2933) the Ombudspersons’ office before you make an application. The Ombudspersons can help you with various human rights related questions, but keep in mind that they cannot act as your lawyer, give unlimited free legal aid or represent you in court.
The Intelligence Ombudspersons cannot:
The Ombudsperson can only fulfil those tasks, which are outlined under the Law. Therefore, he/she cannot:
- revoke or change decisions of courts or state institutions
- examine the evidence in court cases
- give compensation for a violation of human rights
- provide legal advice not related to your human rights
- write applications to courts or state institutions or write other legal documents for you
- represent you in the European Court of Human Rights or other international organizations