Control of Criminal Intelligence: An Evaluation of the Lithuanian Situation in Light of International Practice

Abstract

This article analyses problems arising in the field of control of criminal intelligence. In order to prevent human rights violations, each state must have a well-functioning mechanism in place to control criminal intelligence actions. The article analyses the activities of the entities responsible for the legality of criminal intelligence activities and, taking into account international practice, reveals the gaps in the legal regulation in Lithuania and the shortcomings in the activities of the institutions responsible for controlling criminal intelligence. Prosecutors, while participating in the process of sanctioning criminal intelligence actions, also examine complaints against these actions, which not only leads to a biased control, but also, as the study has shown, contradicts the case law of the ECtHR. The article also analyses the problems related to the freedom of criminal intelligence entities to choose the court that will hear their applications. The study concludes that the current situation, which restricts a person’s access to information about criminal intelligence actions against him/her, is incompatible with international practice and violates the human right to judicial protection. The article provides suggestions for establishing a specialised independent criminal intelligence control institution in Lithuania.