Asmenų, nuteistų laisvės atėmimu, teisinė padėtis ir jos užtikrinimas pataisos įstaigų veikloje

Abstract

Human rights and liberties are the greatest legal values and their limitation is a topical problem. One of the main principles of a constitutional state is respect of human rights and freedoms. That is why the legal status of a person, including of those who have been convicted, being the inseparatable part of the society, the issues of his/her legal status are especially important. The legal status of a person sentenced to imprisonment comprises the subjective rights, liberties and duties acquired by a convicted persons following the effective sentence of the court appointing the criminal penalty. The rights of the convicted persons are regulated not only national but also international legal acts, which fixate human right and liberties. The protection of rights of the convicted persons are regulated by numerous particular international documents, which apply in particular to the above categories of persons in order to ensure implementation of human rights and justice. These documents have some peculiar features as the state being unable or unwilling to put to life the provisions or principle fixated in the recommendations or resolutions must give reasons and motives to the international organisation justifying its failure to implement them. The convicted person has a possibility to defend his rights that have been violated. The legislature has established the order and timelines following which the convicted person may enforce the rights he eligible to. The law specifies the institutions which are appointed to protect rights of the convicted persons. The convicted persons having used all means of legal defence in Lithuanian may appeal to the European Court of the Human Rights. Only the presumed or actual violations of human rights and liberties committed by the state authorities, public management, legal institutions or officers may be appealed against. Key words in the paper: The legal status of a convicted person comprises the subjective rights, liberties and duties acquired by a convicted persons following the effective sentence of the court appointing the criminal penalty.