LITHUANIA'S REACTION TO AUSTRIA’S DECISION TO RELEASE THE SUSPECT IN JANUARY 13TH CASE (highlights and information package)
HIGHLIGHTS
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On July 18, Lithuania handed in a note to Austria requesting to explain on what basis and why so hastily the decision was taken to release the suspect in the case of the assault of January 13, 1991, Mikhail Golovatov, who was detained on a European Arrest Warrant.
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Lithuania assesses Austria’s actions with regard to the European Arrest Warrant that has been issued for Mikhail Golovatov as a particularly brutal violation of EU law.
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The hasty decision taken by Austrian authorities to release the suspect in the so-called “January 13th case” diminished the efficient international legal cooperation in criminal cases among EU member states, as well as the principle of EU solidarity.
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In 2008 European Commission issued a report on practical application of the European Arrest Warrant, which indicates that Austria committed to deal with such type of requests in accordance with the extradition system.
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European arrest warrant issued for an offence committed prior to 2002 is automatically recognized as a request for extradition. This means that requesting country should have up to 18 days for providing information and 40 days for providing additional information.
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In this case Lithuanian prosecutors were given only couple of hours. And even in that short time they managed to provide a summary of notification of suspicion against Golovatov.
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These days Lithuania has a similar procedural situation with Italy. Lithuanian prosecutors office has been given 40 days for providing information.
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Lithuanian reaction was echoed on 19 July in Riga and Tallinn. Latvian Minister of Foreign Affairs Ģirts Valdis Kristovskis summoned the Austrian Ambassador to Latvia Hermine Poppeller and presented a note requesting to furnish with information on legal and any other considerations behind the decision taken by the Austrian authorities. Austrian Ambassador to Estonia Angelika Saupe-Berchtold was invited to the Foreign Ministry in Tallinn and asked for an explanation as to why Austrian law enforcement authorities decided to release Mikhail Golovatov, after he was detained in Vienna.
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Foreign Ministers of the Baltic States on 18 July signed a joint letter to European Commissioner for Justice, Fundamental Rights and Citizenship Viviane Reding and EU foreign ministres. Lithuanian, Latvian and Estonian ministers emphasized that European Arrest Warrant as an instrument of mutual trust within EU should be effectively applied in practice in order to arrest and surrender persons, especially involved in the war crimes and crimes against humanity.
Comment by Minister of Justice of the Republic of Lithuania Remigijus Šimašius:
“The position stated by the Commissioner V.Reding that Austria is right in terms of the assessment of the legal procedures refers to the implementation procedures of the European Arrest undertaken under the EU Framework Decision. Austria cannot, based on the reservation made earlier, withdraw from the application of the European Arrest Warrant for offences committed prior to 2002 – it had to surrender the suspect in accordance with EU conventions on extradition. The compliance with such legislation of the EU acquis is compulsory. In the broad sense, the principles of close co-operation and their implementation, being a pre-requisite to achieve the goals laid down in the EU instruments, are also considered a constituent part of the acquis, as also noted by Reding. None of the member states should look for excuses in the formal procedures, but should seek as close and extensive mutual co-operation as possible in order to reach the outcomes expected from the European co-operation.
The final legal assessment will be completed upon receipt of the investigation material from the experts’ group.”
Press Releases by the President of Lithuania
Austria’s decision cannot be politically justified
Press Releases by the Seimas of Lithuania
Irena Degutienė, Speaker of the Seimas, Addressed the President and Members of the European Parliament Regarding the Actions of Austria to Release the Suspect in the Case of 13 January 1991
Press Releases by MFA of Lithuania
| LITHUANIAN FOREIGN MINISTER THANKS HIS LATVIAN AND ESTONIAN COUNTERPARTS FOR SOLIDARITY |
| LITHUANIAN MFA WILL PRESENT A NOTE TO AUSTRIA REGARDING THE RELEASE OF THE SUSPECT IN THE 13TH OF JANUARY CASE |
Press Releases by the Prosecution Service of Lithuania
| Prosecutor General addressed the Minister of Justice of the Republic of Austria and the President of Eurojust requesting to explain the reasons why M. Golovatov was released |
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