| Abstract [eng] |
This Master's thesis analyses a topic that has not been investigated by Lithuanian scholars – institutional violence suffered by individuals in secret prisons established by a third country, in this case, the USA, in the territory of Lithuania. The problem of the topic is examined by analyzing the concept of institutional violence from philosophical, biomedical, sociological and criminal law perspectives. It also analyses the genesis of institutional violence and its expression in religious terms, looks at the influence of European leaders and the Inquisition on European criminal law and criminal procedure, and gives concrete examples of the methods used by the Inquisition, including European countries' legislation and other provisions allowing for the persecution of Muslims and Jews. The bulk of this work consists of an analysis of cases of institutional violence in the context of the judgments of the European Court of Human Rights of 8 October 2018 and 16 January 2024 in the cases of Abu Zubaydah and Al-Hawsawi v. Lithuania. According to the practice of foreign authorities, a person may be arrested in a third country, placed in a secret prison in Europe, and tortured or otherwise held incommunicado there, without the right to access a court, without the right to contact his or her relatives or family, and without the right to receive medical care or to exercise the right to legal counsel during the period of secret detention. An analysis of various sources shows that a secret prison of the US Central Intelligence Agency (CIA) was operating in Lithuania, of which the highest Lithuanian officials were aware and did not object to its establishment. People were tortured and mutilated in secret prison in Lithuania using a special torture programme. A cash reward of million dollars was paid to unidentified persons to carry out illegal torture using physical and psychological violence on Lithuanian territory. At the time of writing, Lithuania denies the existence of prisons. Pre-trial investigation No 01-2-00015-14, opened in 2014 by the Prosecutor General's Office, on the unlawful transportation of persons across the state border and abuse of office by public officials, has not been completed. Material damage to Lithuania amounting to €260,000 has been caused, but the persons responsible have not yet been identified, punished or recovered. |
