2008 m. vasario 3 d., sekmadienis

REQUEST: To Chairman of Anticorruption Commission of Seimas of the Republic of Lithuania

Document Nr.4
Stamp: “REPUBLIC OF LITHUANIA
SEIMAS OFFICE * RECEPTION OFFICE
RECEIVED
No. g-2007-2649 of 09 03 2007
To Chairman of Anticorruption Commission

of Seimas of the Republic of Lithuania

Rimantas Jonas Dagys

Zenonas Jurgelevičius

Res. at Jaunimo 28 Ringaudai

Kaunas District LT 53336

8 March 2007

REQUEST

Dear Chairman of the Anticorruption Commission of Seimas of the Lithuanian Republic,

I address you as the head of a state institution having the right and legal power to stop the self-will performed by officials. For already sixteen years land administrators uncontrolled by anybody and non-liable against law for the self-will conducted by them are raging in Lithuanian state. They constantly and unpunished carry out actions contradicting laws of the Republic of Lithuania and RL Constitution. The victims of self-willing land administrators cannot defend their natural rights either in Republic of Lithuania institutions of state power and administration or in the Republic of Lithuania courts of all instances. As the subject right of a person is real and not declarative only in such case – if that person has an opportunity to realize it – that means that Republic of Lithuania law enforcement system does not defend the rights of legitimate land owners.

In this „Request“ a specific land administrator’s example of self-will has been presented – it is only one episode from the universal self-will constantly carried out in Kaunas County, Kaunas District, Ringaudai settlement by officials for already sixteen years. That self-will manifests itself by taking away 138 ha of land area from the legitimate land owners – direct relatives and successors of volunteers of pre-war Lithuanian state independence fights. Under the guise of special law No. I-1454 of 18 06 1991 and (since) 01 07 1997 special law No. VIII-359 relating to the „restoration“ of most RL citizens ownership rights which have never been legally interrupted grounded on scienter based on the wrong knowledge and together with them carried out Law of Land Reform of RL – the officials for 16 years already at their disposition determine the fates of legitimate land owners. Such all-mightiness of the official opinion is completely incompatible with civil law basics which are universally accepted in the world and according to which all persons shall be equal before the law, the court, and other State institutions and officials.These imperative legal norms have been consolidated in RL Constitution Art. 29, part 1, Universal Human Rights Declaration Article 1, Convention for the Protection of Human Rights and Fundamental Freedoms Article 14 and RL CC Art. 1.5

We defended ourselves from the self-will of the officials violating the ownership rights of RL legitimate land owners in organized way, by uniting into public organizations. Several times we addressed all RL governmental authorities and law enforcement institutions, however, remained unheard. Well-grounded information about the continuing of land seizure in Kaunas Region Ringaudai settlement in the autumn of 2005 was published in daily „Lietuvos Aidas“ and is announced in Internet, free information portal www.straipsniai.lt under the heading „Human Rights“ (Zmogaus teises) placed five part article „Who is Who in Post-Soviet Lithuania?“ RL law enforcement institutions do not react to the announced illegitimate officials actions at all. This failure to act of RL legal system is the cause – which made us address you.

According to valid RL laws in the Republic of Lithuania continuing restoration of citizen ownership rights to the real estate has been carried out since 1991. Elzbieta Jurgelevičienė to Kaunas Region (of that time) Noreikiškės rural district Agrarian Reform Service in time handed all the necessary documents for the restoration of ownership rights (see appended documents from No. 3.3. to No. 3.13) – however nobody ever even attempted to „restore“ those rights and to return the land she had inherited (to her) in kind. Instead of the return of land in kind defined in 18 06 1991 Republic of Lithuania Supreme Council (SC) passed RL law No. I-1454 „On the Procedure and Conditions of the Restoration of the Rights of Ownership -to the Existing Real Property” and 01 07 1997 by RL Seimas passed Republic of Lithuania Law “On the Restoration of Ownership Rights of Citizens to the Existing Real Property“- Kaunas District (and later) Governor Administration of Kaunas County land administrators for already the second decade constantly carry out their self-will. This example of specific officials’ self-will consists of five officials attempts carried out with envy arousing constancy to take away from Elžbieta Jurgelevičienė inherited land and to sell it in lots for private construction. For that aim the land administrators applied ambiguous 18 06 1991 RL law No. I-1454 and 01 07 1997 RL law No VIII-359 which enabled them to replace equality for all with will of the officials. Passing of these laws is grounded by scienter wrong knowledge (see appended documents from No. 2 to. No. 2.5) and due to that they (of such wording of which they are) could not be passed at all and applied in RL legal practice. This statement of mine is confirmed by the text of the appended document No. 2.6. That is Lithuanian Soviet Socialist Republic Supreme Soviet Lithuanian SSR Peasant Farm Law passed on 4 July 1989 (No. XI-3066) in which part II Art. 7 item 3 it has been established that “The legitimate land inheritors have the priority right (to get a specific land) for establishing a peasant farm“. “If at the end of Soviet occupation the legitimate land owners (due to generation of generations) were legitimate inheritors of land domains – the restoration of independent Lithuanian state in no way could turn them to „claimants to the restoration of ownership rights“.

The first Kaunas District land administrators’ attempt to take away the land inherited by E.Jurgelevičienė took place in 1991 and manifested itself as allotment of that land for the expansion of Ringaudai settlement (see, appended document No. 4.2 – Kaunas District Board Decree No. 84). As such land allotment openly contradicted LR law No. I-1454 of 18 06 1991 Kaunas District Head Public Prosecutor S. Brinevičius protested against it and presented a claim to Kaunas District Court (see appended documents No. 4.3, 4.4 and 4.1). Then Kaunas District Board passed Decree No. 527 by which it cancelled the land allotment for the expansion of Ringaudai settlement situated at Kaunas Region (see appended documents No. 4.5, 4.6 and 4.7). Since that time allotment of land for the expansion of Ringaudai settlement has no legal basis and is based only on the self-will of the officials.

The second attempt of Kaunas District officials and land administrators to take away the land inherited by E.Jurgelevičienė took place in 1993-1995. It manifested itself in the officials attempt to invoke for assistance tax inspectorate and prove in courts that E.Jurgelevičienė self-wilfully and illegitimately occupied state land (see appended documents from No. 7.1 and No. 7.20). This attempt of officials and land administrators for also resulted unsuccessfully. The land possessed by E.Jurgelevičienė and inherited by her was attributed to returnable and taxed by normal tax rate (see appended documents No. 7.21; 7.22 and 7.23). That determined and created new E.Jurgelevičienė real estate inheritance legal situation as RL Constitutional Court on 27 05 1994 in case No. 12/93 resolution explained that (beginning of the quotation):

„...On the basis of such occupational power self-will acts legitimate state property could not appear and has not appeared, as law cannot appear on illegitimate basis. So the property taken away in such a way form people ought to be considered as property that is only factually possessed by the state “ (end of the quotation).

After the restoration of independent Lithuanian state on 11 03 1990 E.Jurgelevičienė in fact possessed the domain she had inherited, grew agricultural production on that domain and by the instruction of state tax inspectorate paid for it to the state land tax of established amount until 1998. That proves – that the factual possessor of her family land domain until 1998 was E.Jurgelevičienė and not the state. As she herself possessed inherited land domain which had never become the state property the later cancellation of land domain factually possessed by E.Jurgelevičienė is not permitted during E.Jurgelevičienė factual possession of her land valid in Lithuanian state (and valid till present) RL Constitution Art. 23 and Convention for the Protection of Human Rights and Fundamental Freedoms Protocol 1 Art.1 legal norms which came into force in RL at that time. The Republic of Lithuania ratified Protocol 1 of the Convention on 7 December 1995 by law No. I-1117. RL deposited ratification letters in the European Council on 27 May 1996. So performing further seizure of E.Jurgelevičienė’s land domain, Kaunas County officials are roughly violating the mentioned imperative legal norms.

The third attempt of Kaunas County officials and land administrators to take away the land inherited by E.Jurgelevičienė took place on 13 05 2003 when Head of Governor Administration of Kaunas County Valentinas Kalinauskas by Order No. V-213 refused to restore to E.Jurgelevičienė the ownership rights to the land domain inherited by her (see appended documents from 9.1 to 9.3.2.). As this attempt to take away the land domain inherited by E. Jurgelevičienė was based on presentation in appended document No. 9.2.2. (Governor Administration of Kaunas County Administration Law Department Senior Specialist Jurgita Blažauskaitė presentation of 09 05 2003 re Elzbieta Jurgelevičienė request) by publicized allotting of land for the expansion of Ringaudai settlement – it was failed to be implemented. In the mentioned presentation of Governor Administration of Kaunas County Law Department Senior Specialist Jurgita Blažauskaitė of 09 05 2003 : Regarding Elžbieta Jurgelevičienė request the dates of landlot selling were indicated. These dates indisputably prove complete flouting of Kaunas County officials and land administrators (and other Lithuanian state institution officials assisting them) with legal norms valid in RL – among them resolution of the Constitutional Court possessing the power of law of 27 05 1994 in case No. 12/93 in which the expansion of rural settlements is acknowledged as contradicting RL Constitution Art. 23. Information about that is in appended documents from No. 6.1. to 8.3.

In this place it is necessary to emphasize that when we failed to defend justice in the civil procedure – a representative authorized by E.Jurgelevičienė addressed the pre-court investigation institutions (see appended documents No. 9.4; 9.4.1. and 9.4.2). However, the request of a representative authorized by E.Jurgelevičienė of 13 08 2003 to Republic of Lithuania Kaunas District Head Police Commissar S.Šestakovas to investigate the legal violations performed by Kaunas County and employees of Kaunas District land administration services and to stop the illegitimate actions carried out by them (reg. No. 5-J-38) was sent by Kaunas Region Police Commissariat Economic Crime Investigation Section Commissariat Inspector Linas Šarkys on 22 08 2003 to Governor Administration of Kaunas County (i.e. to institution whose actions were complained about).

On 25 02 2000 RL Prime Minister A.Kubilius sent requests to Head of Governor Administration of Kaunas County K.Starkevičius and Kaunas District Public Prosecutor S.Brinevičius regarding the defence of interests of J. Stašaitis amd E.Jurgelevičienė (see appended document No. 8.4). Neither Head of Governor Administration of Kaunas County K.Starkevičius nor Kaunas District Public Prosecutor S.Brinevičius reacted to this request. That proves that officials of RL pre-court investigation institutions do not perform their direct duties.

The fourth attempt of Kaunas County officials and land administrators to take away the land inherited by E.Jurgelevičienė took place on 09 09 2005 when Head of Governor Administration of Kaunas County Zigmantas Gediminas Kazakevičius by Order No. 02-05-8830 did not restore to E.Jurgelevičienė the ownership rights to the land domain inherited by E.Jurgelevičienė (see appended document No. 9.5.1.). By the other documents appended to the Order of Governor Administration of Kaunas County (see appended documents No. 9.5. and 9.5.2.) it is seen that this attempt of seizure of the land inherited by E.Jurgelevičienė was based on 15 07 2005 Governor Administration of Kaunas County Land Survey Department Kaunas District Municipality Land Administration Division Senior Specialist Gražina Jonikaitė’s Certificate No. ĮP-493 on the fact that E.Jurgelevičienė did not present all the documents necessary for the return of land to land administration aervices in time. The evidence that the mentioned specialist in Certificate No. ĮP-493 enters and confirms by her signature scienter false data – are in the appended documents from No. 3.3. to No. 3.13. So this attempt of seizure of land did not create the image of (that seizure) legitimacy.

The fifth attempt of seizure of E.Jurgelevičienė land is taking place at present and Kaunas District, Kaunas Circuit and Lithuanian Supreme Court judges, who must without compromise defend justice, participate in it as well. This statement could be considered ungrounded – if during the hearing of this case in those courts multiple violations of application of material and procedural law norms have not been performed and if by such court Decisions land acknowledged as not belonging to E.Jurgelevičienė would not have been measured into lots for private construction for anti-constitutional Ringaudai settlement expansion. Such measurement in the land inherited by E.Jurgelevičienė was performed on 06 03 2007. The most important circumstance proving violation of E.Jurgelevičienė rights and inability to defend those rights in the Courts of the Republic of Lithuania is the fact that E.Jurgelevičienė ownership right to inherited land domain legal cancellation Civ. case No. 0748-358/2006 in Kaunas District Court was started following scienter false information basis RL law No. VIII-359 passed by RL Seimas on 01 07 1997 (so legally null and void). This law was passed in RL already when the legal norms of the Convention for the Protection of Human Rights and Fundamental Freedoms Protocol 1 Art. 1 were valid and even if it was not passed by scienter false information basis (and due to that was not legitimately null and void) in accordance with the hierarchy of application of laws according to their legal power it still could not deny the legal norms of Convention for the Protection of Human Rights and Fundamental Freedoms superior legal power – which in this specific case defend E.Jurgelevičienė ownership rights. That means that Civ. Case No. 2-0748-358/2006 could not be started in Kaunas District Court at all.

By the witness evidence video recordings in DVD disc, which is appended and marked as No. 11, it is obvious that complainant G.Bublienė in her 17 02 2006 claim to Kaunas District Court presented false data about her right to inherit V. Eisrotas (Aišrotas) land and the number of inheritors who had inherited that land.

As all the mentioned courts did not investigate the arguments presented by E.Jurgelevičienė, did not permit her to choose a representative who would defend her interests and did not permit to appoint her a curator (who would have revealed false statements of the complainant) who can deny that the decisions passed by these courts were not tendentious and were aimed not at defence of justice?

In Kaunas District and Kaunas Circuit Court during the hearing the Civ. case No. 2-0748-358/2006, which was initiated without legal grounds, a number of rough violations of material and procedural laws were carried out (see appended documents from 10.1 to 10.2.3).

In evaluating legitimacy of the Civ. Case No. 2-0748-358/2006 it is especially important to note the fact that till initiation of this Civ. Case of 28 03 2006 in Kaunas District Court nobody ever disputed E.Jurgelevičienė inheritance right to land (see appended documents No. 5.1, 5.2.1. and 5.2..2.).

I additionally draw your attention to the following facts:

1. In accordance with RL Constitution Art. 1, 2 3, 4, 5 and 6 by imperative legal norms Lithuanian state is created by the Nation and due to that sovereignty belongs to the Nation. When in the opinion of electorate participation in the state governing through democratically elected representatives does not satisfy its expectations –electorate, in accordance with RL Constitution Art. 4, can implement his sovereign powers individually and directly (i.e. to realize his right consolidated in RL Constitution Art. 25 to have its own opinion and express it freely. That in CC Art. 1.5 is defined as reasonable behaviour). The legal way of every member of the Nation to execute his the supreme sovereign power (RL Constitution Art. 4) is the right of every citizen to apply to court and in this way to realize his legitimate expectations. LSC has emphasized more than once that „person‘s subjective right is real and not declarative only in the case if the person is able to execute it“. Valid CPC Art. 56 does not acknowledge these rights and the RL courts applying it do not create possibilities for execution of the mentioned rights in practice (i.e. deny RL Constitution Art. 2 legal provision that in the Republic of Lithuania sovereignty belongs to the Nation).

2. Both restoration of citizen ownership rights and land reform (in which even the left land minimum necessary for the feeding of the land owner’s family has not been established) continues unreasonably long and has been unreasonably encumbered for 16 years due to the fault of officials (when they in the terms established in the laws do not return the citizen land domains) for a person having no source of living by the person being at suit beyond bearable expenses.

I request:

1. To immediately stop illegitimate land seizure actions in Kaunas District Ringaudai village.

2. To inspect the evidence presented by me in this „Request“ and by E.Jurgelevičienė in Civ. Case No. 2-0748-358/2006 „counter-claim“, „Appeal“ and „Appeal in Cassation“ presented evidence and if they are confirmed – to call to criminal account the persons consciously violating law (abusing law) – and in this way to defend the violated rights of legitimate land owners.

3. To establish the amount of damage done to the legitimate land owners and to initiate its compensation.

APPENDICES: To the present request document copies and witness evidence video recordings are appended.

1, Documents proving that within the restoration of ownership rights of the citizens which has continued for sixteen years (in the course of that restoration) Republic of Lithuania Seimas changed the laws that regulate order of representation of citizens in courts. That proves that in Republic of Lithuania citizen equality before the law is violated and in this way the defence of RL citizen legitimate interests in courts is artificially encumbered:

1.1. Power of attorney reg. No. 2-6316 was issued to Zenonas Jurgelevičius by Elzbieta Jurgelevičienė on 05 05 2003. In this power of attorney there is Notary Ramutė Siliūnienė’s interpolation that „According to CPC Art. 56 the court cannot grant a right to the authorized person to represent in case“. That means that in this case the law which must be equally applied to all citizens is changed to man‘s (judge‘s) will – which can be various.

1.2. Power of attorney reg. No. 11-2154 was issued to Zenonas Jurgelevičius by Elzbieta Jurgelevičienė on 31 03 1995.

1.3. Power of attorney reg. No. 1-8664 was issued to Zenonas Jurgelevičius by Elzbieta Jurgelevičienė on 30 09 1997.

2. Documents proving legally relevant fact that until the occupation authorities legally cancelled ownership rights of the legitimate land owners of the Republic of Lithuania who until 15 06 1940 (beginning of Soviet occupation) according to ownership right possessed land domains up to 30 ha area and the land possessed by those owners (in 1940, to them) was left for their eternal use (that means that in post-Soviet special laws regulating the RL citizen ownership right restoration of 15 06 1991 and 01 07 1997 scienter false information about the universal land nationalization allegedly performed by Lithuanian occupation government in 1940 has been inscribed):

2.1. People Seimas Declaration about taking of land to the ownership of the state and its consolidation for eternal use of the peasants of 22 07 1940 (as personal property and state obligation to defend that personal property – see this Declaration item 7).

2.2. Ministers (in this way in the text) Soviet decision on formation of state land fund of 05 08 1940. The very fact of existence of this documents indisputably proves that after 22 07 1940 all land did not become the property of state – as if on that day universal land nationalization would have taken place in Lithuania – as a consequence of fulfilment of that nationalization all (possessed by all citizens) land would have become state property and there would have not been any sense to establish state land fund – to which taking every land domain – that taking was executed in special documents (see this Resolution Part I Formation of State Land Fund – item 3).

2.3. Document additionally explaining Minister Soviet Resolution about the formation of the state land fund of 05 08 1940 is State Agricultural Commission Explanation. In the text of this document it is openly spoken about land leaving to the owners who had possessed it till 15 06 1940.

2.4. Rules about Lithuanian Socialist Republic State Agricultural Commission work have been announced by Prime Minister who was acting as the President of the Republic of Lithuania. In these rules item 10 rural district commission duties (power limits) were named and in items 16 and 17 the appeal procedure of those rural district improper carrying out of duties of the commission was established. That additionally proves that in 1940 there was no universal and contemporaneous land nationalization in Lithuania. Then Soviet land reform was taking place and in the valid legal acts procedure for improper that reform decisions regarding the specific land domain appeal was established.

2.5. State Agricultural Commission instruction about the procedure to fulfil land management reorganization.

2.6. Lithuanian SSR Peasant Farm Law (No. XI-3066) passed by Lithuanian Soviet Socialist Republic Supreme Soviet on 4 July 1989.

3. Governor Administration of Kaunas County Land Survey Department Kaunas District Municipality Land Administration Division letters on assumed failure by Elzbieta Jurgelevičienė to present document for return of land in time and the written evidence proving legal illegitimacy of those letters.

3.1. Offer for considering additional documents proving the fact regarding land possession through ownership rights of Kaunas District Commission of 19 09 2001.

3.2. Notice of Governor Administration of Kaunas County Land Survey Department Kaunas District Municipality Land Administration Division to E.Jurgelevičienė No. 295 of 20 05 2002

3.3. Vincas Eisrotas Land Inheritors Request to Kaunas District Noreikiškės Rural District Agrarian Reform Service regarding return of land of 14 10 1991.

3.4. Vincas Eisrotas Land Inheritors Agreement.

3.5. Kaunas District Noreikiškės Rural District Agrarian Reform Service Chairman V.Bilskis Certificate on all documents necessary for land return presentation to this service issued to E.Jurgelevičienė

3.6. Tax cheque paid for document execution to Kaunas District Noreikiškės Rural District Agrarian Reform Service of E.Jurgelevičienė of 14 10 1991.

3.7. Archives Certificate No. A-308 Re: V.Eisrotas land issued to Z.Jurgelevičius by Kaunas State Archives on 30 01 1993

3.8. Certificate No. 17-E of Lithuanian State Archives of 23 04 1993

3.9. Land Transference Deed to Aišrotas Vincas Act No. 836 of (the day is illegible) May 1926 of Republic of Lithuania Ministry of Agriculture

3.10.Vincas Eisrotas, Mikas son, Death Certificate

3.11. Extract of marriage certificate of Vincas Eisrotas and Elzbieta Rugieniūtė of 16 01 1923.

3.12 Elzbieta Eisrotaite Birth Certificate Extract No. 124

3.13. Republic of Lithuania Kaunas District Board Civil Registry Department Certificate No. 1966 confirming Juozas Jurgelevičius and Elzbieta Eisrotaite marriage in 1949 and dissolution of that marriage on 15 11 1971 of 24 10 1991.

4. Documents on officials performing the post-Soviet land reform and ownership rights restoration in Kaunas District first attempt to seize from Elzbieta Jurgelevičienė the land domain inherited by her – basing that seizure on land assignment for expansion of Ringaudai settlement and the legal illegitimacy of that land assignment and the documents proving that land assignment for Ringaudai settlement expansion cancellation:

4.1. Declaration of Kaunas District Public Prosecutor S.Brinevičius to Kaunas District Court of 04 03 1993 (according to it Civil case No. 2-409/93 was initiated).

4.2. Kaunas District Board Decree No. 84.

4.3. Protest No. 07-03/92 of Kaunas District Head Public Prosecutor S.Brinevičius to Kaunas District Noreikiškės Rural District Council of 17 07 1992.

44.4. Protest No. 07-03/92 of Kaunas District Public Prosecutor S.Brinevičius to Kaunas District Board of 27 07 1992.

4.5. Decree No. 527 of Kaunas District Board of 29 10 1992 according to which land assignment for Ringaudai settlement located in Kaunas District expansion was cancelled.

4.6. Kaunas District Board Letter No. 130 of 25 02 1992 addressed to Public Prosecutor S.Brinevičius about the cancellation of illegitimate assignment of land in Kaunas District.

4.7. Republic of Lithuania Attorney General A. Paulauskas letter No. 7/2-51-93 of 13 05 1993 to RL Seimas member K.Paukštys in which the Seimas member is informed that „Kaunas District Board changed the illegitimate decrees after court hearing“.

5. Documents proving Elzbieta Jurgelevičienė’s right to inherit 4.5 ha land in Kaunas District Ringaudai village.

5.1. RL Construction and Urbanization Minister A.Nasvytis letter No. 1-112-J-180 of 04 05 1992 to RL Government.

5.2.1. Decision of Civ. Case No. 2-910/95 heard by Kaunas District Court Judge A.Urbšys on 06 09 1995 Re legally relevant fact establishment .

5.2.2. Eisrotas Vincas land lot at Ringaudai vill., separation (partition of property) plan worked out by Alšėnai-Noreikiškės Agrarian Reform Service Specialist G. Jonikaitė and presented for Kaunas District Court to attach to Civ. Case No. 2-910/95.

6. Documents that prove that part of state officials executing in Kaunas District Post-Soviet Land Reform and citizen ownership right restoration consciously do not fulfill Republic of Lithuania Constitutional Court Resolution in case No. 12/93 of 27 05 1994 which acknowledges rural settlement expansion as contradicting to RL Constitution Art. 23:

6.1. 1994, land administration plan – by which (comparing it with the present plans) one can draw a conclusion about Republic of Lithuania Constitutional Court Resolution in case No. 12/93 of 27 05 1994 on violating illegitimate construction scope in Ringaudai settlement.

6.2. Republic of Lithuania State Control Department Decision No. 67 of 11 10 1994: Re: Land Reform in Kaunas District Noreikiškės Rural District Execution Inspection Results.

6.3. Lithuanian Minister of Agriculture V. Einoris letter No. 1110-2-780 of 10 11 1994 to State Control Department.

6.4. State Control Department letter No. 01-15-1813 of 24 11 1994 in which Minister of Agriculture V.Einoris is explained the procedure of execution of resolutions of RL Constitutional Court

6.5. Letter of Consultation Council for Fight with Economic Crimes at Republic of Lithuania President No. 12/1-28 of 15 02 1995 which deals with suspected state institution officials failure to perform direct duties.

6.6. Minister of Agriculture V. Einoris letter No. 1600-1-122 of 07 03 1995 to Consultation Council for Fight with Economic Crimes at the Republic President.

6.7. Consultation Council for Fight with Economic Crime at the Republic President. Letter No. 12/1-52 of 20 03 1995.

6.8. State Control Department Letter No. 120-1-391 to Prime Minister A.Šleževičius Re assignment of land for private dwelling construction in Kaunas District Noreikiškės Rural District of 03 03 1995.

7. Documents about the second post-Soviet land reform and restoration of ownership rights in Kaunas County, Kaunas District executing officials attempt to seize from Elzbieta Jurgelevičienė the land domain inherited by her – basing that seizure by scienter fulfilled illegitimate state land occupation initiating Civ. Case in court.

7.1. Letter of Kaunas District Noreikiškės Rural District Chief to Kaunas District Tax Inspectorate which was also signed by Noreikiškės Rural District Agrarian Reform Service Chairman A. Lelys of 26 10 1993

7.2. State Tax Inspectorate Letter No. 04-18 of 30 05 1994.

7.3. State Tax Inspectorate Notice No. 1-313 of 30 05 1994.

7.4. List No. 62 of Kaunas District Noreikiškės Rural District Citizens who self-wilfully occupied land in 1994 of 16 11 1994.

7.5. Zenonas Jurgelevičius Open Letter to RL President A. Brazauskas of 02 11 1994 (was published in 18 11 1994 „Lietuvos Aidas“ daily (No. 226).

7.6. Kaunas District State Tax Inspectorate Declaration No. 01-04 re 2405.41 LTL land tax for self-wilfully occupied land exaction from E.Jurgelevičienė of 16 01 1995.

7.8. Kaunas District Court decision satisfying State Tax Inspectorate claim in Civ. Case No. 2-281/95, of 13 06 1995

7.9. Kaunas District State Tax Inspectorate demand No. 04-18 that E.Jurgelevičienė paid illegitimately increased land tax of 24 07 1995.

7.10 Kaunas District State Tax Inspectorate Declaration No. 01-04 re 784.08 LTL land tax for self-wilfully occupied land exaction from E. Jurgelevičienė of 06 11 1995.

7.11. Z.Jurgelevičius Appeal of 16 06 1995.

7.12. Kaunas District Court Decision in Civ. Case No. 2-281/95 of 20 11 1995.

7.13. Z.Jurgelevičius Appeal of 27 11 1995

7.14 Kaunas District Mayor letter No. 35-J of 05 02 1996.

7.15. Kaunas District Municipality Administration letter No. 91 of 13 02 1996.

7.16 Kaunas Circuit Court Decision in Civ. Case No. 2A-44/96 of 06 03 1996.

7.18. Jurgelevičius Appeal of 08 03 1996.

7.19 Kaunas District Court Decision of 05 09 1996.

7.20. Z.Jurgelevičius Letter to Kaunas District Mayor V.Senvaitis (reg. No. 201-J) of 25 04 1996

7.21 Head of Governor Administration of Kaunas County Head Deputy Z.Kubilienė letter to Noreikiškės Agrarian Reform Service Head No. 1255 of 12 11 1996

7.22 Kaunas District State Tax Inspectorate letter to E.Jurgelevičienė No. 04-18 of 20 03 1997.

7.23 Cheques of E.Jurgelevičienė Land Tax payment to state of 1994 and 1997.

8. Republic of Lithuania Seimas Controller and RL Prime Minister offers regarding the self-will of officials conducting post-Soviet land reform and restoration of ownership rights against E.Jurgelevičienė cancellation:

8.1 Seimas Ombudsman’s K.Milkeraitis notice on Z.Jurgelevičius appeal investigation postponing No. 99/04-551 of 08 07 1999

8.2 Seimas Ombudsman’s K.Milkeraitis „Certificate“ on Z.Jurgelevičius appeal No. 99/04-551 investigation of 11 11 1999.

8.3. Head of Governor Administration of Kaunas County Land Survey Department R.Staseliene letter No. J-582/2 in which scienter false data about „without violating“ distribution performed by officials of part (1.665 ha) division of land domain inherited by E. Jurgelevičienė for private dwelling construction of 29 12 1999

8.4 RL Prime Minister A.Kubilius requests to Head of Governor Administration of Kaunas County K. Starkevičius and Kaunas District Public Prosecutor S.Brinevičius regarding the defence of J. Stašaitis and E. Jurgelevičienė interests of 25 02 2000.

9. Documents on the third and the fourth attempts of officials implementing the post-Soviet land reform and restoration of citizen ownership rights in Kaunas County to seize from E. Jurgelevičienė the land domain inherited by her. These are orders of two Kaunas County Heads regarding the non restoration of ownership rights to E. Jurgelevičienė and the documents „legally grounding“ those orders. Also appended texts of requests of representative authorized by E. Jurgelevičienė and motivated complaints (against such officials self-will):

9.1 E.Jurgelevičienė Repeated request to Head of Governor Administration of Kaunas County Re: return of inherited land in kind (reg. No. 2J-308) of 28 03 2003

9.2 Head of Governor Administration of Kaunas County Law Department Irena Narkeviciene notice No. 11-J-308-362 to E.Jurgelevičienė of 14 05 2002 Re request to which the following documents are attached:

9.2.1. Governor Administration of Kaunas County Order No. V-213 of 13 05 2003

9.2.2. Governor Administration of Kaunas County Law Department Senior Specialist Jurgita Blažauskaitė presentation of 09 05 2003 Re Elzbieta Jurgelevičienė request

9.2.3. Governor Administration of Kaunas County Sitting minutes re Elzbieta Jurgelevičienės request (31 03 2003 No. 2J-308) considering of 05 05 2003.

9.3. Appeal of representative authorized by E. Jurgelevičienė of 30 05 2003

9.3.1. Reply of Government Representative in Kaunas County No. 10-83 to appeal of representative authorized by E.Jurgelevičienė of 30 05 2003 of 03 06 2003.

9.3.2. Head of Governor Administration of Kaunas County reply No. 11-J-308/2-467 of 06 06 2003 ,,to appeal of representative authorized by E.Jurgelevičienė of 03 05 2003.

9.4. Request to Republic of Lithuania Kaunas District Head Police Commissar S.Šestakovas to investigate law violations executed by employees of Kaunas County and Kaunas District Land Administration Services (reg. No. 5-J-38) of representative authorized by E.Jurgelevičienė of 13 08 2003.

9.4.1. Kaunas District Police Commissariat Economic Crime Investigation Section Commissariat Inspector Linas Šarkys letter No. 26-8-5970 about resending of request of 13 08 2003 of representative authorized by E.Jurgelevičienė to Head of Governor Administration of Kaunas County (i.e. institution the actions of which were complained of) of 22 08 2003

9.4.2. Head of Governor Administration of Kaunas County reply No. 11-J-308/3-782 to the request of representative authorized by E.Jurgelevičienė of 13 08 2003 to Republic of Lithuania Kaunas District Chief Police Commissar S.Šestakovas of 04 09 2003.

9.5. Head of Governor Administration of Kaunas County Land Survey Department Kaunas District Municipality Land Administration Division Tautvydas Tamašauskas letter No. S6-1855 to Elzbieta Jurgelevičienė Re restoration of ownership right of 20 09 1005. The following documents are appended to this letter.

9.5.1. Head of Governor Administration of Kaunas County Zigmantas Gediminas Kazakevičius Order No. 02-05-8830 re non-restoration of ownership rights to E.Jurgelevičienė of 09 09 2005

9.5.2. Head of Governor Administration of Kaunas County Land Survey Department Kaunas District Municipality Land Administration Division Senior Specialist Gražina Jonikaitė Certificate No. ĮP-493 in which the mentioned specialist by inscription and her signature confirms scienter false data on the fact that E. Jurgelevičienė (so to say) in time did not present all the documents necessary for the return of land of 15 07 2005.

10. Documents on the fifth attempt of Republic of Lithuania state institution officials to seize from E.Jurgelevičienė the land inherited by her and by the same to protect from legal responsibility (for their illegitimate actions) the officials trading in land inherited by E.Jurgelevičienė:

10.1. Notice No. 2-0748-358/2006 of Kaunas District Court of 28 03 2006 to E.Jurgelevičienė about her participation as the third person in Civ. Case No. 2-0748-358/2006. To this notice the following documents are enclosed:

10.1.1. Claim of Genovaitė Būblienė to Kaunas District Court of 17 02 2006: to cancel Head of Governor Administration of Kaunas County order No. 02-05-8829; to renew to the time-limit for the complainant to hand the request to Head of Governor Administration of Kaunas County regarding the restoration of the ownership rights to land possessed by Motiejus Eišrotas in Kaunas District Ringaudai village and establish legally relevant fact that the father of the complainant Motiejus Eišrotas in Kaunas Region Ringaudai village possessed through ownership right a land domain of 3.01 ha. Appendix (to this claim): Copies of the claim, copies of birth, marriage and death certificates, cheque on stamp duty, copies of archives certificates, copy of representation agreement.

10.1.2. Three court summons to E.Jurgelevičienė to hearing of Civ. Case No. 2-0748-358/2006 on 16 05 2006 at 9:00., 01 06 2006 at 13:00 and on 29 08 2006 at 9:00.

10.1.3. counter-claim of E. Jurgelevičienė of 08 04 2006 to claim of complainant G.Bublienė in Civ. Case No. 2-0748-358/2006.

10.1.4. counter-claim No. 6-319 of Head of Governor Administration of Kaunas County of 20 04 2006 to the claim in Civ. Case No. 2-0748-358/2006.

10.1.5. Decision of Kaunas District Court of 01 06 2006 in Civ. Case No. 2-0748-358/2006.

10.1.6. Request of E.Jurgelevičienė to Kaunas District Court regarding appointing a guardian of 24 04 2006

10.1.7. Decision of Kaunas District Court of 02 05 2006 by which E.Jurgelevičienė request regarding appointing a guardian of 24 04 2006 is rejected.

10.1.8. Decision of Kaunas District Court of 12 09 2006 in Civ. Case No. 2-0748-358/2006. In this Decision Kaunas District Court refuses to hear in Civ. Case No. 2-0748-358/2006 the third person E. Jurgelevičienė who had expressed independent demands presented (written) arguments and presented evidence and satisfies complainant G.Bublienė claim based on scienter false statements.

10.2. Appeal of E.Jurgelevičienė of 08 10 2006 to Kaunas Circuit Court by which in appeal procedure Kaunas District Court Decision in Civ. Case No. 2-0748-358/2006 of 12 09 2006 is taken a review against.

10.2.1. Notice of Kaunas District Court of 13 10 2006 on sending of Civ. Case No. 2-0748-358/2006 to Kaunas Circuit Court

10.2.2. Notice of Kaunas Circuit Court of 06 11 2006 to E.Jurgelevičienė about the place and time of hearing of Civ. Case No. 2A-1335-343/2006.

10.2.3. Decision of Kaunas Circuit Court of 07 12 2006 in Civ. Case No. 2A-1335-34/2006 by which Kaunas District Court Decision in Civ. Case No. 2-0748-358/2006 of 12 09 2006 is upheld.

11. DVD disc with video recordings of evidence of witnesses Rimantas Dovydaitis, Kazimieras Dovydaitis, Bronė Šilinskienė and Onutė Zaicevičienė (who Kaunas District and Kaunas Circuit Courts did not create a possibility for E.Jurgelevičienė‘s representative to invite into the case hearing). The evidence of these witnesses confirms that in the claim of 17 02 2006 complainant Genovaitė Bublienė presented to Kaunas District Court legitimately ungrounded demands and scienter false evidence.

12. Cassation appeal of E.Jurgelevičienė of 30 01 2007 No. 3P-728/2007 to LSC (Lithuanian Supreme Court) reg. No.337. Reg. date 27 02 2007.

13.1. LSC Decision of 06 03 2007 and Cassation Appeal No. 3P-728/2007 resending to E.Jurgelevičienė covering letter.

13.2. LSC Decision No. 3P-728/2007 of 05 03 2007

Faithfully yours, Zenonas Jurgelevičius (signature)

Member of Lithuanian Human Right Centre

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