REPUBLIC OF LITHUANIA

Transcription

1 Official Translation REPUBLIC OF LITHUANIA LAW ON REGISTERING, CONFESSION, ENTRY INTO RECORDS AND PROTECTION OF PERSONS WHO HAVE ADMITTED TO SECRET COLLABORATION WITH SPECIAL SERVICES OF THE FORMER USSR November 23, 1999 No. VIII-1436 (As amended by June 13, No. VIII-1726 ) Article 1. Purpose of the Law Vilnius 1. The provisions of the Law on the Basics of National Security to create a system of national security, protecting the State and the population thereof, human and citizens rights and freedoms, and also personal safety shall be implemented by this Law in protecting against the influence, blackmail and recruitment or attempts to draw into illegal activity by the special services of foreign states. By the Law also, shall be implemented the right of the State to apply the principle of loyalty and trustworthiness to State officers and employees of State government and administration, local government, national defence institutions, internal affairs system, Prosecutor s Office, courts, Department of State Security, diplomatic service, Customs Office, State control institutions and other State institutions which implement control and management, attorneys and notaries, banks and other credit institutions, strategic economic objects, communication systems, protection services and structures thereof and employees of other services that supply detective services. 2. The Law shall define the procedure of registering, confession, entry into records and protection of persons who had secretly collaborated with the special services of the former USSR and the activity of the State institution responsible for this work and also, establish the limitations for persons who had secretly collaborated with the special services of the former USSR and have not admitted to having done so. Article 2. Basic Definitions of this Law 1. A person, who has secretly collaborated with the special services of the former USSR means a Republic of Lithuania citizen, a person without citizenship or a foreign citizen permanently residing in Lithuania, who has acted factually and deliberately in carrying out the tasks and assignments of the special services of the former USSR according to a written or unwritten commitment to secretly collaborate, when the activity is not regulated by service regulation or labour laws (agent, resident, confidant, retainer of conspiracy quarters, retainer of rendezvous flat, non-staff operational employee or other person, who has secretly collaborated with the secret services of the former USSR). 2. Agent means a person, who had secretly (non-openly) collaborated with the special services of the former USSR and carried out their assignments and tasks. 3. Resident means a person who had secretly collaborated with the special services of the former USSR and organised work with agents and trusted persons who had been entrusted to him. 4.Confidant means a person, who had secretly collaborated with the special services of the former USSR and voluntarily furnished information concerning persons and facts, of interest to such services and also performed their assignments. 1

2 5. Keeper of Conspiratorial Quarters means a person who had secretly collaborated with the special services of the former USSR and rented quarters, held by these services, ensuring the conditions for agent and other operational work. 6. Keeper of Rendezvous Apartment means a person, who had secretly collaborated with the special services of the former USSR and furnished the necessary living quarters for the work of these services with agents and residents ensuring the conspiratorial conditions necessary for the support of that type of work. 7. Non-staff Operational Employee means a person who had secretly collaborated with the special services of the former USSR and without remuneration aided in the counterintelligence activity of the special services and worked with agents entrusted him, selected confidants, and carried out other tasks and assignments. 8. Another Person, Having Secretly Collaborated with Special Services of the Former USSR means a person, who has fulfilled the functions of agent, resident, confidant, keeper of conspiratorial quarters, keeper of rendezvous apartment, non-staff operational employee and a person who had performed other functions assigned by the special services, who had secretly collaborated with the special services of the former USSR. 9. Registering of Persons, Having Secretly Collaborated with the Special Services of Former USSR means a record of persons, who secretly collaborated with the special services of the former USSR, and data regarding such persons, drawn up by the Department of State Security. 10. Record of Persons Who Have Confessed (hereinafter - record) means a list of persons who have confessed to secret collaboration with the special services of the former USSR, which per decision of the Commission, includes the persons, who have submitted all of the information known to them, regarding collaboration and the special services. Article 3. Special Services of Former USSR According to this Law, special services of the former USSR, include the following: 1) The Central Administration For State Security (GUGB), which was under the USSR People s Commissariat of Internal Affairs (NKVD) May 1, February 3, 1941 and May 20, April 14, 1943; 2) USSR People s Commissariat of State Security (NKGB), February 3, July 20, 1941 and April 14, March 15, 1946; 3) USSR Ministry of State Security (MGB) March 15, March 15, 1953; 4) USSR Ministry of the Interior (MVD), March 15, March 13, 1954; 5) USSR Committee For State Security (KGB), March 13, January 1, 1992; 6) Department of State Security (VSD), June 20, September 3, ) State Security Administration under the Lithuanian SSR NKVD, September 3, April 1, 1941; 8) Lithuanian SSR People s Commissariat of State Security, April 14, March 15, 1946; 9) Lithuanian SSR Ministry of State Security, March April, 1953; 10) Lithuanian SSR Ministry of the Interior, April April 1954; 11) Committee For State Security under the Lithuanian SSR Council of Ministers, April 1, October 1, 1991; 12) Department 4 of USSR NKVD GUGB, September 29, February 8, 1941; 13) Department 3 of USSR People s Defence Commissariat (NKO), Department 3 of Military Navy People s Commissariat (NKVMF) and the Department 3 of USSR NKVD, February 8, July 17, 1941; 14) Administration of Special Departments of USSR NKVD, July 17, April 19, 1943; 2

3 15) Main Administration of USSR NKO Counterintelligence Smerch, Administration of USSR NKVMF Counterintelligence Smerch, and the USSR NKVD Counterintelligence Unit Smerch April 19, May 4, 1946; 16) Unit 3 of the Main Administration of USSR MGB and Counterintelligence Unit of USSR MVD, May 4, March 14, ) USSR MVD 3 Administration, March 14, March 18, 1954; 18) Committee of Information under the USSR Council of Ministers, March January 1952; 19) Main Administration for Intelligence under the General Staff of the Soviet Army (GRU), from October Article 4. Commission on Assessment of Activities of Persons Who Have Secretly Collaborated with Special Services of Former USSR 1. An interdepartmental commission (hereinafter - Commission) consisting of five members shall be established to assess the activities of persons who had secretly collaborated with the special services of the former USSR and to adopt decisions on including persons in a report or publication of data concerning secret collaboration. One candidate for the Commission shall be recommended by the Office of the General Prosecutor and two candidates each by - State Security Department and the Genocide and Resistance Research Centre of Lithuania. Candidates being recommended for the Commission must have a licence issued according to the procedure established by laws to familiarise themselves with the information comprising a State secret, marked with a top secret inscription. The General Director of the State Security Department, with the approval of the Seimas Committee For National Security and Defence, shall appoint and dismiss the Commission Members and Chairman. The Commission shall function without personal remuneration. 2. According to this Law the Commission shall: 1) assess activities by persons involving secret collaboration with the special services of the former USSR; 2) adopt decisions concerning inclusion in the report of persons who have admitted to secret collaboration with the special services of the former USSR; 3) adopt decisions concerning publication of information concerning secret collaboration of persons with the special services of the former USSR, in instances specified in Article 8 of this Law; 4) ensuring total personality secrecy, shall code the secret information transferred to the Commission and adopt decisions concerning provision of information for research work; 5) draft and approve the forms of admission for the persons who have secretly collaborated with special services of the former USSR; 6) prepare the regulations of the Commission s work; it is approved by the general director of the State Security Department; 3. A Commission sitting shall be valid if at least three members of the Commission shall take part in it. All the decisions of the Commission shall be justified and lawful, if at least three Commission members shall vote in favour of them. Article 5. Functions of the State Security Department in Implementing This Law In accordance with this Law the State Security Department shall: 1) form a working group composed of the State Security Department employees, which accepts the confessions of persons who have admitted to secret collaboration, register the information concerning these persons and the activities of the special services and submit this information to the Commission. 3

4 2) collect, check and analyse the documents, objects and other material submitted by persons who have secretly collaborated, and submit to the Commission for including these persons in the report.; 3) collect, check and administer the data submitted by the persons who did secretly collaborate and the information concerning their past activity; 4) upon the request of persons, who have admitted to collaboration in secret with the special services of the former USSR, shall employ measures to protect them from blackmail and recruitment attempts or efforts to involve them in illegal activity; 5) collect information and submit to the Commission all of the available data regarding publishing thereof, in instances set forth in Article 8 of this Law; 6) create work conditions required by the Commission and endure its technical and in informational supply. Article 6. Procedure of Registration and Confession 1. Persons who have secretly collaborated with the special services of the former USSR, must present themselves within 6 months of the publication day as published by the Commission in the State Gazette, for the registration and confession acceptance day, must present themselves to register and to voluntarily admit in writing, to the State of Lithuania, to have secretly collaborated with the special services of the former USSR, reveal all of the information known to them, concerning the activities of the special services and hand in the documents or objects linked with the special services of the former USSR. 2. Persons who have secretly collaborated with the special service of the former USSR, must submit information about themselves and regarding collaboration with the special services, indicate their names, manner of collaboration and period of time involved, residence and place of work during secret collaboration, as well as other data, prescribed in the form approved by the Commission. If necessary, these persons may submit freeform accounts as well. The Commission may invite the persons confessing to elaborate and supplement the information. 3. Upon arrival to register and confess persons shall be cautioned that, after having concealed information concerning themselves and activity of the special services or after submitting false information or failing to turn over documents or things in their possession, linked with the special services of the former USSR, information about their secret collaboration with the special services of the former USSR, may be published in accordance with the procedure of paragraphs 3 or 4 of Article 8 of this Law. Persons shall also be cautioned, that a person who knowingly has submitted false information regarding other persons, shall be punished in accordance with the law. Article 7. Entry into Records 1. Persons, who have secretly collaborated with the special services of the former USSR, shall be entered in the records according, to a decision by the Commission, if they have voluntarily confessed to having secretly collaborated with the special services of the former USSR and have submitted all of the information within their knowledge, in connection with the activity of the special services. 2. The fact of confession and data submitted by the person who has confessed, shall comprise information which constitutes a state secret, which shall be classified secret, used and declassified according to the procedure established by laws. Data regarding service in special services of the USSR or secret collaboration with such, by the Republic President, Seimas and municipal authority council members, Government members, judges, prosecutors as well as candidates for these positions, shall not constitute information comprising a State secret. 4

5 Article 8. Protection of Persons Who Have Confessed and Instances of Information Publication. 1. Information supplied by the person who have been registered, have confessed and have been entered in the records and the data regarding them, shall be classified and stored according to the procedure established by laws. 2. Persons indicated in paragraph one of this article shall inform the State Security Department, if they experience blackmail and recruiting or attempts to draw them into illegal activities and the State Security Department, on the basis of a request by the persons who have made confessions, shall employ measures to protect them and to uncover criminal activity. The entry of persons on records and the information submitted by them shall be declassified, if these persons have been accused by effective judgement to have committed actions, that have been acknowledged as acts against humanity, war or genocide crimes, and other instances established by laws for declassification of classified information. 3. The information submitted to the Commission and classified, may be used for research projects only with the Commission s permission and encoded by the Commission. Information concerning persons who have secretly collaborated shall also be declassified and published, when the person occupies the position of Republic President, member of the Seimas or local government Council, Government member, judge or prosecutor, or is a candidate thereof. It shall be mandatory, while occupying the aforementioned positions or being a candidate thereof, to register, admit secret collaboration with the special services of the former USSR and to furnish all of the information known to them, concerning the activity of the special services and to submit to them all of the documents or objects, in connection with the special services of the former USSR. Should the person who is occupying the specified position or is a candidate thereof, fail to admit in accordance with the procedure established by this Law, to the State of Lithuania to have secretly collaborated with the special services of the former USSR, knowingly submit false information about himself, and other persons and the activity of the special services or conceal such information, they shall be liable according to the procedure established by laws. The failure by these persons to confess to secret collaboration with the secret services of the former USSR or knowingly furnishing false information about oneself, other persons and the activities by the special services or the concealment of such information, failure to turn over, according to the procedure established by this Law, of the documents or objects linked to the special services of the former USSR, shall be held tantamount to the breaking of one s oath and dishonouring the name of an officer. 4. The information regarding secret collaboration with the special services of the former USSR shall be published in the State Gazette in those instances, wherein a person who had secretly collaborated with the special services of the former USSR has, failed to admit within six months of the beginning of registration and reception of confessions announced by the Commission, to having secretly collaborated with the special services of the former USSR, and also has furnished false information about himself, other persons and the activities of the special services, or has concealed such information. The person who had secretly collaborated with the special services of the former USSR, shall be given a written notice of the decision adopted by the Commission to publicise such information. He may appeal this decision in administrative court, within fifteen days of receipt of such notice. The implementation of the decision to make the information public shall be interrupted until the court judgement becomes effective. Article 9. Limitation of Activity of Persons not Included in Records of the State Security Department 1. Persons who have secretly collaborated with the special services of the former 5

6 USSR, whose information has been made public according to the procedure established in paragraph 3 or 4 of Article 8 of this Law, for a period of ten days from the day of publication, may not be employed as pedagogues in educational institutions, educators and heads of these institutions, occupy positions linked with weapons possession, also work as Republic of Lithuania state officers or employee of state governing and administration, municipal institutions, the national defence system, interior affairs system, customs, prosecutor s office, courts, State Security Departments diplomatic service, State control and other state institutions engaged in control and supervision, also a lawyers and notaries, banks and other credit institutions, strategic economic objects, communications system, protection services and structures thereof and other services that provide detective services. 2. Should, the data concerning persons who have secretly collaborated with the special services of the former USSR, have been published in the State Gazette and in other mass media, by decision of the Commission, an employer or his representative must no later than the next work day, following the publication of this information, dismiss the employee from his job, without paying him severance pay. Such employees shall be dismissed from work according to item 14 of Article 26; when the labour contract contradicts the requirements of the laws (Article 31 of the Law on the Labour Contract) disregarding the fact that the basis for such dismissal of persons from work, is not established in the special labour regulating laws (statutes). 3. Should the published information regarding a person who had secretly collaborated with the special services of the former USSR, concern a person who is engaged in law practice, the Lawyers Council of Lithuania shall annul the decision to accredit the person as a lawyer. At the conclusion of a 10-year term, the person shall have the right to be accredited as a lawyer in accordance with the procedure established by law. Article 10. Final Provisions 1. This Law shall come into force from January 1, The General Prosecutor s Office, the State Security Department and the Genocide and Resistance Research Centre of Lithuania shall within a month of the coming into force of this Law, submit the candidacies of the Commission members to the Committee on National Security and Defence of the Seimas. 3. The Director General of the State Department of Security shall approve the work regulation of the Commission. 4. The Commission shall publish in the State Gazette and other mass media the beginning of registration and acceptance of confessions of persons who have secretly collaborated with the special services of the former USSR and draft and approve the confession forms. 5. The State Department of Security shall be the state institution responsible for the implementation of this Law. The Committee For National Security and Defence of the Seimas shall exercise parliamentary control of the implementation of this Law. I promulgate this Law passed by the Republic of Lithuania Seimas PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS 6