The Supreme Court of Lithuania stated, that journalism is a crime

Complaint Procedure Unit

Human Rights Council Branch

Office of the United Nations High Commissioner for Human Rights

United Nations Office at Geneva

CH-1211 Geneva 10, Switzerland …………………………

Facts of the complaint

Vilnius district court stated in its decision (2009-04-10) in civil case Nr. 2-117-734-2009 that „to forbid write stories for Mr. Drizius and newspaper „Laisvas laikraštis“ abuot the links of Mr. Alvydas Sadeckas to Compay „Mazeikiu nafa“, and its privatisation.
Vilnius district court rejected my request to cancel the sensorship
Vilnius regional court (2013-03-14) rejected my request to cancel sensorship of the media.
Vilnius regional court (2014-09-09) rejected my request to cancel the sensorship in civil case nr. 2S-1627-803/2014

Supreme court of Lithuania on 2019-09-07 (Nr. 3P-1352/2019) rejected my request to ban the censorship, stating, that journalism is a crime, and that writing a story itself is a criminal act in Lithuania.
I was convicted for “writing stories” by Vilnius district court in 2010-04-26 – “to limit my freedom for one year”.
I was convicted for “writing stories” by Vilnius district court in 2011-06-29 – “to limit my freedom for 1,9 years”
I was convicted for “writing stories” by Vilnius district court in 2011-12-21 “to limit my freedom for two years”.
I was convicted for “writing stories” by Vilnius district court in 2014-09-15 for “20 days in arrest”
All these sentences were confirmed by the Vilnius regional court and the Supreme Court of Lithuania. Except the last sentence, where I was acquitted.

Summary

The Supreme Court of Lithuania on their decision on 2019-09-07 (Nr. 3P-1352/2019) stated, that journalism is a crime, and that writing a story itself is a criminal act in Lithuania.

The Supreme Court stated, that: „it found no evidence, that censorship is illegal and in contradiction with the law of this country“.

In other word, the Supreme Court found and declared that censorship is legal and journalism itself is a crime in Lithuania.

It is happening right now in EU country Lithuania.

I am an editor of weekly newspaper “Laisvas Laikraštis”, and I am in the journalism for last 25 years, but situation with the freedom of the press was never so tragic, as it is now.

First of all, the courts of Lithuania imposed censorship to our newspaper, saying, that „you are not allowed to write stories about privatisation of „Mazeikiu nafta“(largest refinery of this country) and how Mr. Alvydas Sadeckas (former chairman of the National security committee of Lithuanian parliament) is connected to this privatisation“. The censorship was implemented back in 2009, and since then I am in the court instantly.

In other words, the court imposed censorship to our newspaper, and since I continued to write stories about this largest privatisation and provided documents, how Mr. Sadeckas directed this privatization, local courts sentenced me five times on criminal charges. Vilnius district court declared that censorship in implemented by the court order, and since I disobeyed this order, I am a criminal just for doing my job – journalism. I was sentenced for this „crimes“for six times, and six times local courts rejected my complaints and requests to overrule censorship.

That is a clear violation of International Covenant on Civil and Political Rights, it‘s article 15:

1 . No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of the lighter penalty, the offender shall benefit thereby.

Nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.

It is also in clear violation of Article 14

All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

Since according to the Lithuanian law, the censorship is prohibited in this country, but local courts ignore this law.

It is also in clear violation of Article 18

Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.

It is also clear violation of Article 19

Everyone shall have the right to hold opinions without interference.
Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardle

Journalism is not a crime, but it is a crime to persecute the media just for doing its duties.

But we have situation otherwise in Lithuania – independent journalism and investigation about the dirtiest jobs of our government is declared a crime.

That situation continues for more than a decade – since censorship was implemented back in 2009, and the courts rejected my claims to cancel censorship for six times since then.

Finally, the Supreme Court of this country declared, that censorship is legal n Lithuania.

So, I have no other option, but to apply for the United Nations Human rights committee.

Journalism itself is not a crime, and writing a story is not a criminal act. Freedom of the press is described as a right to publish newspapers, magazines, and other printed matter without governmental restriction and subject only to the laws of libel, obscenity, sedition, etc

However, the state of Lithuania declared that journalism itself is a crime, and writing stories and investigations about dirty privatisation deals in the country itself is a crime.

The Supreme Court of Lithuania declared that journalism is a crime itself.

It is total corruption of the legal system of this country, since even the Constitution of Lithuania states, that ideas and free word cannot be controlled or censored

44 article of Constitution forbids the censorship of mass media.

Despite all these declarations, that Lithuanian is free, independent and democratic country, I journalist, and editor, am being persecuted by past policemen, and politician, chairman of National security committee of Lithuanian parliament , Mr. Alvydas Sadeckas, prosecutor office and courts already more than 10 years only for WRITING stories and articles.

In all the court decisions and sentences it is stated, that I, Aurimas Drižius, am on purpose prolonging committing a crime: TO WRITE ARTICLES.

There are several decisions, that it is started exactly in these words „He, prolonging his criminal actions – writing articles…, committed new crimes – he wrote articles“.

It would be not possible in any other democratical country.

Newspaper, that I edit, has a feature of the hard critics of what is happening here in Lithuania. It is mostly political newspaper, with some left wing writers sometimes – they normally cannot get tribune here in Lithuania, as left- wing thinking is also treated as a crime: as social politics, medicine, and even army things cannot be critised – they are the dark zone of corruption.

So, my authors are qualified and they give facts based on reality, and on what is happening in Lithuania, and the other papers mostly write opinion, but not news, and mostly people cannot get the whole picture of Lithuanian and even European events only reading „mainstream media“. That is why they choose my paper and other small papers.

Also the persecutions of mine inspire me to write more articles about corruption.

Many of my articles that are treated like crimes are only information about the court processes against me.

Mostly I cite something from the court decisions, and also what the court said, or what I said.

Later on Alvydas Sadeckas, prosecutors and courts charge me of new crimes: they treat, that I prolong my criminal actions – writing.

In such a manner I, journalist and writer, am persecuted in democratic country, and my profession is treated as a crime. According to my information, other journalists, who do not keep silent, are also persecuted in various other ways. But in all the documentation it is written, that writing is a crime. There are various articles of Criminal code used, but they are combined also in such a way, which leads to the total control of freedom speech. Other journalists are banned from writing, using article 170 (hate speech about social groups – and social groups are EU, NATO, western values, police, army, secret services, and even „groups“, that do not exists in reality). Other journalists – also me – are being persecuted by articles 154-155 (crime telling lies about the person.) 155 had been decriminalized, but the 154 has left. I, personally, am being persecuted by the article 245 – that I did not follow the court decision – wrote articles, although it has been forbidden for me. That is why I have got many cases by this article 245.

That totally contradicts the Declaration of Human fundamental rights – that also binds Lithuania, as a member. 10 article, 2 part states, that nobody can be persecuted for the opinion.

In Lithuania even when I won already a case in the Highest court of Lithuania, that happened 2015 October The 1 sty, where the court, consisting of 7 judges, has decided, that writing cannot be treated as criminal action, and the courts cannot ban writing in the future, telling, what to write and what not, as it contradicts Constitution, 44 article, – no court or institution has paid attention to that decision (Nr. Nr. 2K-7-205-222/2015). The essence of the case was, that Vilnius court has forbidden me and my newspaper to publish articles about Alvydas Sadeckas, linking him to company „Mažeikių nafta“ – in which he had shares, and it is obcious fact.

For that reason if even one sentence has appeared in the newspaper, I edit, courts and prosecutor would initiate a case against me, even ex officio, even when the law doesn‘t provide with such a possibility.

In such a manner at the moment 4 more cases are being finished with a massive media censorship requirement in XXI century, in democratic country – according to a breach of 245 articles – and the courts do not pay attention, that they did not follow other law – that is Constitution, 44 articles, and Declaration of Fundamental Human rights, 10 article.

My property is being sold, and even shares of the company, that owns a paper, are being arrested in order to pay the debts, that I have because I am treated as a criminal.

There are even more cases initiated every month by the same man – Alvydas Sadeckas, but not all the courts listen to his pleas. There are several weeks that I cannot work with newspaper and I go to court like to a work. That is direct confusion of my professional work, and also, that is a threat to democracy: is a journalist tries to write a truth, he has been confused with criminal and civil cases, in order not to have time for the direct professional work – a spread of information.

In last criminal case I have been sentenced to jail in the analogous case – that I did not follow court‘s demand not to write. I am treated as a criminal, who must go to the jail for 18 months, because I am a journalist.

Moreover – I have been sentenced more than killers, robbers or thieves – as mostly they get no jail and walk in the freedom.

Isn‘t strange, that in democratic country journalism is a crime?

When I was sentenced to jail, a judge Dzedulionis in Vilnius district court even started to teach me for the 15 minutes in hard words – that I must stop writing, because I have problems because I am a journalist. That means, in democratic country no court, no judge follows Constitution, and also international community rules – that in democratic country it is impossible to ban free word, and to control mass media – and in such a manner, also adding the silence of international community, journalism is treated harder than mafia, and a journalist, like I, who fights for the freedom of mind, and information spread – must go to jail.

Please, start a case against Lithuania in international community, or inform international community about the persecution of freedom of speech in Lithuania, please, European commission, start a case in European and courts, as I am fighting almost alone, many people has been silenced, hard – talking journalists went out of this job. Lithuania doesn‘t follow the rules of international community, and doesn‘t follow the requirements of their own Constitution, which is based on the primary, fundamental human rights – right to the freedom of speech, which is not deniable even in such countries like Mongolia, or Russia.

Why it is so that in Lithuania freedom of speech exists only in paper, which is called Constitution – which was implemented after 1992 10 25 referendum? Why is did not come to life – this highest law of Lithuania?

And why lower courts do not follow Constitution, higher court decisions and also international rules – that no man can be deprived from his innate rights, and one of the innate human right it is a right to express his own opinion – a right to freedom of speech.

Because of this rude and lasting intrusion of international law, European Union laws, and local Constitution, please:

Start a procedure against Lithuania because of the breach of human rights, stated in Lithuanian Constitution 44 article, Declaration of Fundamental Human rights 10 article, and in all other laws reglamenting freedom of speech, as in Lithuania journalism according to local courts is treated as a crime, and journalists are sentenced to jail.

Please take immediate actions, since I am persecuted for more than ten years, and in the latest case I was sentenced for two years in prison for “disregard of the courts”, since I called the mentioned judges “the criminals”.

Supporting documents:

Since there are tone of papers, I will provide the examples of most corrupted courts decisions:

Mentioned Vilnius district court decision to implement censorship (file “vancevicienes”)
Vilnius regional court decision to reject my request to ban censorship (file “petkuvienes”)
Vilnius district court decision to sentence me for “writing stories” (file “cininas (2)”)
The Supreme court decision that journalism is a crime in Lithuania (file “Sagaicio” and ‘sagaicio2”)