The application of military service may give rise to disputes regarding the lawfulness of the call-up or the possibility to perform alternative service. Citizens have the right to complain if they believe their rights have been violated – for example, if the call-up was carried out improperly, if they were not properly informed about it, or if an unreasonable refusal was made to allow them to perform alternative service.
Conscripts may challenge decisions concerning call-up or the performance of service in accordance with the procedure established in the law. A complaint must first be submitted to the regional division of the Military Service and Conscription Service that adopted the contested decision.
The complaint must include:
- the applicant’s full name, personal identification code, and contact details
- the subject of the contested decision (e.g. call-up to service, refusal to assign to alternative service)
- factual circumstances explaining why the decision is, in the applicant’s view, unlawful or unfounded
- documents or evidence supporting the arguments (e.g. certificate of studies, medical opinion, copies of correspondence)
- a formulated request (to annul the decision, to allow performance of alternative service, etc.)
If the authority refuses to amend the decision, or if the citizen still considers that their rights have been violated, it is possible to apply to an administrative court under the Law on Administrative Proceedings.
note If a conscript was not properly informed about the call-up (e.g. call-up documents were not duly served), this may be regarded as a procedural violation and grounds for challenging the decision.
important Alternative national defense service conscripts must submit complaints directly to the administrative court.
Enforcement of decisions
A complaint by itself does not suspend the enforcement of the decision. If the conscript wishes for the enforcement to be suspended, this must be specifically requested – both before the institution and when applying to the court. Administrative courts may decide to apply interim measures and suspend the contested decision until the case is examined.
Complaints to international human rights institutions
If you believe that Lithuanian institutions and courts have not remedied the violation of your rights, you may submit a complaint to international or European bodies, such as the European Court of Human Rights or the United Nations Human Rights Committee. These institutions will only accept the complaint if you have exhausted all effective national remedies for the protection of your rights.