A/HRC/13/42*
page 55
destination in different countries altogether, excluding any mention of a Lithuanian airport as an
alternate or back-up landing point.
121. On 25 August 2009, the President of Lithuania announced that her Government would
investigate allegations that Lithuania had hosted a secret detention facility. On 5 November
2009, the Lithuanian Parliament opened an investigation into the allegation of the existence of a
CIA secret detention on Lithuanian territory. In its submission for the present study, the
Government of Lithuania provided the then draft findings of this investigation, which in the
meantime had been adopted by the full Parliament. In its findings, the Seimas Committee stated
that the State Security Department (SSD) had received requests to “equip facilities in Lithuania
suitable for holding detainees”. In relation to the first facility, the Committee found that
“conditions were created for holding detainees in Lithuania”. The Committee could not
conclude, however, that the premises were also used for that purpose. In relation to the second
facility, the Committee found that:
The persons who gave testimony to the Committee deny any preconditions for and
possibilities of holding and interrogating detainees … However, the layout of the building,
its enclosed nature and protection of the perimeter as well as fragmented presence of the
SSD staff in the premises allowed for the performance of actions by officers of the partners
without the control of the SSD and use of the infrastructure at their discretion.
The report also found that there was no evidence that the SSD had informed the President, the
Prime Minister or other political leaders of the purposes and contents of its cooperation with the
CIA regarding these two premises.
122. While the experts welcome the work of the Seimas Committee as an important starting
point in the quest for truth about the role played by Lithuania in the secret detention and
rendition programme, they stress that its findings can in no way constitute the final word on the
country’s role. On 14 January 2010, President Dalia Grybauskaite rightly urged Lithuanian
prosecutors to launch a deeper investigation into secret CIA black sites held on the country’s
territory without parliamentary approval.206
123. The experts stress that all European Governments are obliged under the European
Convention of Human Rights to investigate effectively allegations of torture or cruel, inhuman or
degrading treatment or punishment.207 Failure to investigate effectively might lead to a situation
of grave impunity, besides being injurious to victims, their next of kin and society as a whole,
and fosters chronic recidivism of the human rights violations involved. The experts also note that
the European Court of Human Rights has applied the test of whether “the authorities reacted
effectively to the complaints at the relevant time”.208 A thorough investigation should be capable
of leading to the identification and punishment of those responsible for any ill treatment; it “must
206
See http://en.rian.ru/exsoviet/20100114/157539192.html.
207
See for example Assenov et al v. Bulgaria, judgement of 28 October 1998.
208
Labita v Italy, application no. 26772/95, judgement of 6 April 2000, para. 131.
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