Court of Justice of the EU rejects national law restricting the right to asylum

Responding to the Court of Justice of the European Union’s finding today that Lithuanian national law, which orders the automatic detention of people who cross irregularly into the country and effectively denies them the right to asylum, is incompatible with EU laws, said Nils Muižnieks, Europe Regional Director of Amnesty International:

“The Court of Justice of the European Union today confirmed the conclusions in our latest report on Lithuania, which details the authorities’ flagrant violation European and international law by not only denying the right to asylum for irregular arrivals in the country, but also arbitrarily detaining them.

“Lithuania is duty bound by its international obligations to offer access to international protection to asylum seekers. Following today’s finding by the Court of Justice of the EU, the authorities should immediately repeal this repressive legislation. It is essential that Lithuania offers access to fair asylum procedures to all who express a need to gain international protection.

“The Lithuanian authorities must also end their cruel practice of automatically detaining refugees and migrants. Today’s judgment confirmed that depicting detention as ‘temporary accommodation’ or even an ‘alternative to detention’ does not allow any derogation from the obligation to respect refugees and migrants’ rights against arbitrary detention” .”