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45. The Special Rapporteur asked his counterparts about their views on the issue of racist
violence, the effectiveness of the State in treating racism as an aggravating circumstance when
racist crimes are committed and regarding the State’s role to curb incitement to racial hatred. In
particular, he highlighted the ongoing discussions at the international level concerning the
balance between freedom of expression and respect for other rights that are threatened by hate
speech.
46. In this line, the Chief Justice of the Supreme Court explicitly mentioned the provisions in
the Criminal Code that establish criminal responsibility for incitement to racial, ethnic or
religious hatred. However, he also highlighted that even though Courts are aware of this
provision, they are rarely used due to the limited number of cases that reach them. He expressed
his view that an important number of the cases of racist violence are acts of hooliganism and
vandalism, which are problems that exist in most societies.
47. The Minister of Justice also referred to the legal prohibition to incite racial or ethnic hatred
and exemplified some actions that have taken place in this regard, mentioning a draft law on the
amendment of the Criminal Code, under consideration by the Parliament, which prohibits the
public display of Nazi or Soviet symbols.
48. Authorities also referred to the role of the Seimas-appointed Inspector of Journalist Ethics
to examine cases of hate speech contained in the media, including Internet sites. The Special
Rapporteur met with the inspector to collect his views on this issue. The Inspector has the duty to
investigate complaints of violations of professional ethics by journalists, editors and publishers,
which includes cases of incitement to racial hatred published in the printed, audio-visual or
digital media. The Inspectorate reaffirmed the view that there is no widespread discrimination in
Lithuanian journalism and that very few cases of hate speech are brought to his attention.
However, he highlighted some issues where the action of the Inspectorate is important. In
particular, he referred to cases of journalistic articles regarding criminal cases that make an
explicit reference to ethnic background when the perpetrator is a member of a minority
community. He also recalled a recommendation issued by his Office requesting Lithuanian
newspapers not to publish the cartoons of Prophet Mohammed that had originally appeared in a
Danish newspaper in 2005.
49. Another aspect related to incitement to racial hatred concerns measures to prevent the
emergence of political parties that promote an openly racist and xenophobic platform. In this
regard, the Ministry of Justice oversees whether the political programmes of the parties are in
conformity with national laws and international agreements, including the principle of
prohibition of racial or ethnic discrimination. According to government officials, Lithuania’s
democratic tradition and heritage of tolerance have in practice made it impossible that local
political parties would promote racist platforms.
50. Several political leaders in the Seimas, including the Speaker and the President of the
Committee on Human Rights, conveyed to the Special Rapporteur the information that political
parties in Lithuania have not used any type of racist or discriminatory rhetoric in the past and
that electoral campaigns across the ideological spectrum have not built on such a discourse. In
this line, even nationalistic parties in Lithuania have refrained from engaging in such rhetoric,
focusing rather on the foreign relations between Lithuania and its neighbours and not on local
communities.