THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA
DECISION
ON ACCEPTING THE PETITION OF A PETITIONER
28 May 2008
Vilnius
The Constitutional Court of the Republic of Lithuania,
composed of the Justices of the Constitutional Court Armanas
Abramavičius, Toma Birmontienė, Pranas Kuconis, Kęstutis
Lapinskas, Zenonas Namavičius, Ramutė Ruškytė, Egidijus Šileikis,
Algirdas Taminskas, and Romualdas Kęstutis Urbaitis,
with the secretary of the sittingDaiva Pitrėnaitė,
in the procedural sitting of the Constitutional Court
considered the petition (No. 1B-08) of the Supreme Court of
Lithuania requesting "to decide: (1) whether the Republic of
Lithuania Law 'On Compensation for the Damage Inflicted by the
USSR Occupation' of 16 June 2000, to the extent that it provides
that the Russian Federationthe successor of the rights and
duties of the USSRcompensates for the damage inflicted to the
Lithuanian people by genocide during the periods of the Soviet
occupation, while the natural personsthe executors of genocide
do not compensate it, it is not in conflict with Paragraph 2 of
Article 30 of the Constitution of the Republic of Lithuania, and
with the constitutional principles of a state under the rule of
law and justice; (2) whether the Republic of Lithuania Law 'On
the Restoration of the Rights of Persons, Who were Repressed for
Resistance Against the Occupation Regimes' of 2 May 1990 (with
the supplements and amendments made by Law No. I-1051 of 28
September 1995, Law No. I-1082 of 31 October 1995, Law No. I-1441
of 4 July 1996, Law No. VIII-11 of 28 November 1996 and Law No.
VIII-656 of 12 March 1998), to the extent that it provides that
the violated rights are restored to the persons and victims of
only certain categories, while they are not restored for the
persons and victims of other categories, is not in conflict with
Article 29 of the Constitution of the Republic of Lithuania and
with the constitutional principle of a state under the rule of
law".
The Constitutional Court
has established:
The Supreme Court of Lithuania, the petitioner, was
investigating a civil case. By its ruling the said court
suspended the consideration of the case and applied to the
Constitutional Court with a petition requesting to investigate,
whether:
- "the Republic of Lithuania Law 'On Compensation for the
Damage Inflicted by the USSR Occupation' of 16 June 2000, to the
extent that it provides that the Russian Federationthe successor
of the rights and duties of the USSRcompensates for the damage
inflicted to the Lithuanian people by genocide during the periods
of the Soviet occupation, while the natural personsthe executors
of genocidedo not compensate it, is not in conflict with
Paragraph 2 of Article 30 of the Constitution of the Republic of
Lithuania, and with the constitutional principles of a state
under the rule of law and justice";
- "the Republic of Lithuania Law 'On the Restoration of the
Rights of Persons, Who were Repressed for Resistance Against the
Occupation Regimes' of 2 May 1990 (with the supplements and
amendments made by Law No. I-1051 of 28 September 1995, Law No.
I-1082 of 31 October 1995, Law No. I-1441 of 4 July 1996, Law No.
VIII-11 of 28 November 1996 and Law No. VIII-656 of 12 March
1998), to the extent that it provides that the violated rights
are restored to the persons and victims of only certain
categories, while they are not restored for the persons and
victims of other categories, is not in conflict with Article 29
of the Constitution of the Republic of Lithuania and with the
constitutional principle of a state under the rule of law".
This petition the Supreme Court of Lithuania, the
petitioner, was received at the Constitutional Court on 9 May
2008.
The Constitutional Court
holds that:
1. On 2 May 1990, the Seimas adopted the Republic of
Lithuania Law "On the Restoration of the Rights of Persons, Who
were Repressed for Resistance Against the Occupation Regimes"
which has been amended and/or supplemented more than once.
On 12 March 1998, the Seimas adopted the Republic of
Lithuania Law on Amending the Law "On the Restoration of the
Rights of Persons, Who were Repressed for Resistance Against the
Occupation Regimes" which came into force on 25 March 1998. By
Article 1 of this law, the Law "On the Restoration of the Rights
of Persons, Who were Repressed for Resistance Against the
Occupation Regimes" (wording of 2 May 1990 with subsequent
amendments and supplements) was amended, set forth in a new
wording and it was given the name of the Republic of Lithuania
Law on Restoring the Rights of Persons, Who were Repressed for
Resistance Against the Occupation Regimes.
It is obvious from the petition of the petitioner that it
had doubt not regarding the compliance of the Law "On the
Restoration of the Rights of Persons, Who were Repressed for
Resistance Against the Occupation Regimes" (wording of 2 May 1990
with subsequent amendments and supplements), but regarding the
compliance of the Law on Restoring the Rights of Persons, Who
were Repressed for Resistance Against the Occupation Regimes
(wording of 12 March 1998) with the Constitution of the Republic
of Lithuania.
2. On 13 June 2000, the Seimas adopted the Republic of
Lithuania Law on Compensation for the Damage Inflicted by the
USSR Occupation which came into force on 28 June 2000. This law
has not been amended or supplemented.
3. As it has been mentioned, the Supreme Court of
Lithuania, the petitioner, requests to investigate the compliance
of the Law on Compensation for the Damage Inflicted by the USSR
Occupation with Paragraph 2 of Article 30 of the Constitution and
with the constitutional principles of a state under the rule of
law and justice, to the extent that it provides that the Russian
Federationthe successor of the rights and duties of the USSR
compensates for the damage inflicted to the Lithuanian people by
genocide during the periods of the Soviet occupation, while the
natural personsthe executors of genocidedo not compensate it,
as well as the compliance of the Law on Restoring the Rights of
Persons, Who were Repressed for Resistance Against the Occupation
Regimes (wording of 12 March 1998) with Article 29 of the
Constitution and with the constitutional principle of a state
under the rule of law, to the extent that the law establishes
that the violated rights are restored to the persons and victims
of only certain categories, while they are not restored for the
persons and victims of other categories.
4. It is obvious from the petition of the Supreme Court of
Lithuania, the petitioner, and the material of the civil case
that the petitioner requests to investigate the following:
- whether the Law on Compensation for the Damage Inflicted
by the USSR Occupation, to the extent that, according to the
petitioner, it is not established in this law that the natural
personsthe executors of genocidecompensate for the damage
inflicted to the Lithuanian people by genocide during the periods
of the Soviet occupation is not in conflict with Paragraph 2 of
Article 30 of the Constitution, and with the constitutional
principles of a state under the rule of law, and justice;
- whether the Law on Restoring the Rights of Persons, Who
were Repressed for Resistance Against the Occupation Regimes
(wording of 12 March 1998), to the extent that, according to the
petitioner, it is not established in this law that the violated
rights of the persons of also other categories than those
specified in this law are restored is not in conflict with
Article 29 of the Constitution and with the constitutional
principle of a state under the rule of law.
5. The petition of the Supreme Court of Lithuania, the
petitioner, virtually meets the requirements established in the
Law on the Constitutional Court of the Republic of Lithuania.
Conforming to Paragraph 1 of Article 102 of the
Constitution of the Republic of Lithuania and Paragraph 1 of
Article 28 and Article 67 of the Law on the Constitutional Court
of the Republic of Lithuania,
The Constitutional Court of the Republic of Lithuania has
passed the following
decision:
To accept the petition of the Supreme Court of Lithuania,
the petitioner, requesting to investigate:
- whether the Republic of Lithuania Law on Compensation for
the Damage Inflicted by the USSR Occupation, to the extent that
it is not established in this law that the natural personsthe
executors of genocidecompensate for the damage inflicted to the
Lithuanian people by genocide during the periods of the Soviet
occupation is not in conflict with Paragraph 2 of Article 30 of
the Constitution of the Republic of Lithuania, and with the
constitutional principles of a state under the rule of law, and
justice;
- whether the Republic of Lithuania Law on Restoring the
Rights of Persons, Who were Repressed for Resistance Against the
Occupation Regimes (wording of 12 March 1998), to the extent
that, according to the petitioner, it is not established in this
law that the violated rights of the persons of also other
categories than those specified in this law are restored is not
in conflict with Article 29 of the Constitution of the Republic
of Lithuania and with the constitutional principle of a state
under the rule of law.
Justices of the Constitutional Court: Armanas Abramavičius
Toma Birmontienė
Pranas Kuconis
Kęstutis Lapinskas
Zenonas Namavičius
Ramutė Ruškytė
Egidijus Šileikis
Algirdas Taminskas
Romualdas Kęstutis Urbaitis