ICCPR Case Digest

CCPR/C/125/D/2564/2015

Communication

2564/2015

Submission: 2014.08.14

View Adopted: 2019.03.29

X v. Lithuania

Procedural deficiencies in Lithuania land restoration process, inadmissible as domestic remedies not exhausted

Substantive Issues
  • Fair trial
  • Retroactivity of the law
  • Right to appeal
Relevant Articles
  • Article 14.1
  • Article 14.3 (c)
  • Article 14.3 (g)
  • Article 14.5
  • Article 15.1
  • Article 2 - OP1
  • Article 5.2 (b) - OP1
Full Text

Facts

The author is a national of Lithuania who claimed that the state party vioated her rights under article 14 (1), (3) (c) and (g) and (5) and 15 (1) of the Covenant. The complaint relates to alleged procedural deficiencies in a land ownership restoration process conducted in Lithuania.

The author complained that the state party had violated her right to a fair hearing under article 14(1) owing to the decision of the national courts presuming her mother's guilt, and therefore induced the regional court to convict her on rehearing, and owing secondly to administrative changes in judge makeup causing an unreasonably protracted judicial process. This delay also raised issues under article 14(3) in relation to the right to be tried without undue delay.

Admissibility

The Committee considered the communication inadmissible as the author did not satisfactorily exhaust all domestic remedies.

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