On January 20 the Seimas of the Republic of Lithuania prolonged unanimously the effect of amendments to the Law on the Organization of National Defence and Military Service and to the Statute on the Use of Military Force in light of the need for a reliable protection of the state border and the Lithuanian Armed Forces’ assistance to the State Border Guard Service. The amendments to the law establish a legal mechanism to give military personnel authority concerning non-subordinate persons.
“Nearly 10 thousand of military servicemembers have served in the border area competing tasks of some duration, whether quick ones, for several days, or longer, as the Lithuanian Armed Forces has joined the efforts of managing the situation on the border created by the hybrid attack launched by the Alexander Lukashenko regime over the past semester; however, holding the same authority as the state border guards is central in such service and efficient completion of the resulting tasks – disruption of the illegal crossings requires at least similar rights,” Minister of National Defence Arvydas Anušauskas said at the Seimas providing arguments for prolongation.
Such amendments to the law are critical in ensuring effective assistance from the military to the Police, State Border Guard Service and the Public Security Service in their tasks.
The additional authority allows the military to be more effective in managing the irregular migration surge, need-based distribution of forces and coverage of larger parts of the border area. The military personnel also assists with ensuring order at the migrant apprehension and accommodation points. The military only have the additional authorization in the state border area where they are deployed to stand watch and patrol with the border guards.
The effect of the extended authority has been prolonged until May 13.
The amendments are not a decision to use the Lithuanian Armed Forces for rendering the said assistance – that is decided on the basis of individual requests from the Government Emergency Commission and decisions of the Minister of National Defence.
The following authorizations have been made available to military personnel:
– to give mandatory instructions to natural and legal persons, other organisations and their subdivisions;
– to persecute and detain persons who do not follow the mandatory instructions, suspected of committing or committing criminal offences or other infringements of the law;
– to impose temporary limitation on access to designated territories or quarters, halt activities pursued there, restrict or ban traffic in such areas;
– to inspect documents of persons, vehicles, weapons, and other items;
– to carry out search of persons and their belongings;
– to pull over, verify and search vehicles, cargo and other items, as well as persons and their luggage on board.
Military personnel will be allowed to use special measures, such as batons, handcuffs and restraints, signal guns, pyrotechnics, gas, service dogs, physical force, combat wrestling, and other measures, if necessary.
As the law amendments stipulate, the following conditions are necessary for additional authorization to be given to military personnel by decision of the Seimas (by the President of the Republic of Lithuania in between of Seimas sessions):
– an emergency is declared;
– the scope of the event is rapidly expanding and the Police, State Border Guard Service or the Public Security Service need assistance in preventing threats to public peace;
– the Government receives a reasoned request document issued by the Government Emergency Commission and tables a proposal to the Seimas (the President of the Republic of Lithuania in between of Seimas sessions).
Military personnel shall be used only in the emergency area and the additional authorisation shall be given for the period not longer than three months. The term can be renewed again for an unlimited number of times that, however, shall not exceed the duration necessary for restoring the conditions for the functioning of national authorities.
Photo credits: Sgt Spc 1st Class I.Budzeikaitė, Lithuanian Armed Forces
