Two Irish citizens were accused by Lithuanian law enforcement of making arrangements to acquire firearms and explosives in Lithuania between November 2006 and January 2007, and attempting to smuggle them back to Ireland to support the Real IRA, classified as a terrorist group by Lithuania.
Irish courts had previously in 2013 refused to extradite the defendants on the grounds that they were likely to be held in inhuman and degrading conditions if extradited to Lithuania. After a second European Arrest Warrant was issued by the Baltic State, they were arrested and extradited in 2022 following a lengthy legal battle.
However, the charges were dropped by the Vilnius Regional Court, on the grounds that the statute of limitations precluded criminal proceedings in this case. The prosecution appealed the decision, stating that the statute of limitation to be applied in this case was 15 years, which was the law in effect when the offence was committed, and not 10 years, which was a change to the criminal law brought in after the perpetration of the offence.
The lower court’s decision was nevertheless upheld by the Lithuanian Court of Appeal, who provided that the 10 years statute of limitation applied in this case, as it was the most favourable to the accused.
The lower court’s decision was upheld by the Lithuanian Court of Appeal, who provided that the 10 years statute of limitation applied in this case, as it was the most favourable to the accused.
obtaining assets in support of an organised criminal group engaging in terrorist activities
The defendant made arrangements to acquire firearms and explosives in Lithuania between November 2006 and January 2007, and attempted to smuggle them back to Ireland to support the real IRA, a group classified as a terrorist organisation by Lithuania.
obtaining assets in support of an organised criminal group engaging in terrorist activities
The defendant made arrangements to acquire firearms and explosives in Lithuania between November 2006 and January 2007, and attempted to smuggle them back to Ireland to support the real IRA, a group classified as a terrorist organisation by Lithuania.
Court of Appeal of Lithuania
This case exemplifies how statutes of limitation can act as a possible limit for the prosecution of firearms offences, as criminal proceedings can only be initiated against a defendant during a certain amount of time after the offence was committed.