| Abstract [eng] |
During its years of activity, the European Court of Human Rights has tackled hundreds of cases where plaintiffs from various European countries complained about their rights violations in their own countries. Moreover, the Court created a specific and globally acknowledged jurisprudence school and traditions on the way the human rights violations should be assessed and how this kind of cases should be dealt with. Still, the question remains: what is the importance of the Court’s decisions to the national courts jurisprudence and the Law? The work analyses decisions of the European Court of Human Rights taken in court cases against Lithuania. In order to disclose the importance and significance of the Court’s decisions for the Lithuanian penal process and the legal system in general, a comparison has been made between the norms of the penal process code in force before and after the relevant Court’s decisions when the human rights violations were identified. The work discusses the most frequent human rights violations, such as the problem of the legality of detention and arrest, violations of the period of arrest or detention, the possibility of litigation of the arrest legality, the right of the arrested for defense, the right for fast case trial, and the violations of the presumption of innocence. The author based her work on the laws of the Lithuanian penal process and other legal acts, on the scientific works and articles in legal literature by the specialists in the penal process and International Law, the practices of the Supreme Court of Lithuania in criminal court cases, decisions and conclusions of the Constitutional Court of the Republic of Lithuania, and the jurisprudence of the European Court of Human Rights. |
