CYIL vol. 15 (2024)

LENKA SCHEU, ANŽELIKA BANEVIČIENĖ In both countries, when a foreigner or their representative does not consent to age assessment, and there are no justifiable reasons for this, it is considered that the person is an adult. 38 In addition, Article 22 1 (1) of Law No IX-2206 specifies that such a person has no right to stay in Lithuania as an unaccompanied minor. It is considered that they do not meet the entry conditions set out in the Schengen Borders Code, so a residence permit in Lithuania cannot be issued to them (Articles 123(3) and 26(1)). Czech legislation does not incorporate this assumption. In Lithuania, § 147 of the Order No 1V-131 of the Minister of Interior of Lithuania specifies that the refusal to carry out an age assessment does not prevent the authorities from deciding on granting (non-granting) asylum. Following Article 83(5) of Law No. IX-2206, in such a case, data that cannot be confirmed by written evidence are rejected if, during the examination of the asylum application, the asylum seeker misleads the investigation, delays it by their actions or inaction, attempts to defraud, or contradictions are found in the facts specified by the asylum seeker, which have an essential influence on the granting of asylum. The data are not evaluated in favour of the asylum seeker if, despite the sincere efforts of the asylum seeker, the data cannot be confirmed by written evidence. In Lithuania (Law No IX-2206, Article 123(4)) and the Czech Republic, 39 legal regulations require that responsible persons provide information about the assessment procedure, the significance of the results, and the consequences of refusing the medical examination in an understandable language to the foreigner whose age is being assessed before making an age assessment. In addition, the Czech Republic’s legal regulation specifies that consent should be requested from minors, considering their age of maturity. 40 Following Article 123(4) of Law No IX-2206, in Lithuania, the person’s dignity must be respected during the procedure, and the least invasive examination method must be chosen. In both countries, the age of asylum and non-asylum seekers is assessed using the same osteological examination method. However, the examination methodology is different in Lithuania and Czech Republic. In Lithuania, applying this method, experts analyse two X-rays. One X-ray must show both arms, including the wrists, and another X-ray – the chest, including the right or left shoulder and the sternal ends of both clavicles. X-rays can be taken by any healthcare institution that has radiological diagnostic equipment. It should be noted that the legislation does not provide the methodology for evaluating X-rays. The X-rays are examined by experts of the State Forensic Medicine Service. 41 Only this institution 38 Article 123(5) of Lithuanian Law No IX-2206; Section 89 of the Czech Asylum Act; Section 124 of the Czech Aliens Act, Methodological Recommendation No. 1/2016 of the Ministry of Labour and Social Affairs of 23 August 2016. On the procedure of municipal authorities of municipalities with extended competence in providing social-legal protection to unaccompanied foreign minors. 39 Section 89 of the Czech Asylum Act; Section 124 of the Czech Aliens Act, Methodological Recommendation No. 1/2016 of the Ministry of Labour and Social Affairs of 23 August 2016. On the procedure of municipal authorities of municipalities with extended competence in providing social-legal protection to unaccompanied foreign minors. 40 Methodological Recommendation No. 1/2016 of the Ministry of Labour and Social Affairs of 23 August 2016. On the procedure of municipal authorities of municipalities with extended competence in providing social-legal protection to unaccompanied foreign minors. 41 Lithuania, Coordinating Council for the Activities of Court Experts (2018), Decision on the approval of the list of types of forensic expertise and the tasks to be solved by the types of expertise specified in the list of types of forensic expertise, No. KT-75, 26 September 2019, Annex point 41; Lithuania, State Forensic Medicine Service (2024), ‘Forensic examinations of the following types and subtypes are carried out at the SFMS,’ para 7.6., available at https://vtmt.lrv.lt/lt/paslaugos/vtmt-teikiamos-paslaugos/.

110