Varnas v. Lithuania - 42615/06 - Legal Summary [2013] ECHR 785 (09 July 2013)

Varnas v. Lithuania - 42615/06 - Legal Summary [2013] ECHR 785 (09 July 2013)

The authorities failed to provide reasonable and objective justification for the difference in treatment between remand and convicted prisoners regarding conjugal visits, resulting in unjustified discrimination contrary to Article 14 in conjunction with Article 8.

Citation
[2013] ECHR 785
Parties
Applicant: Varnas; Respondent: Lithuania
Jurisdiction
European Union
Judgment Date
09 July 2013
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violation found (unanimously)
Legal Topics
Discrimination, Conjugal Visits, Remand Prisoners, Family Life
Human Rights Law Prison Law Discrimination Conjugal Visits Remand Prisoners Family Life

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Parties

Varnas

Applicant

Lithuania

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

Legal Issues

  1. 1 Whether the denial of conjugal visits to remand prisoners, while allowing them for convicted prisoners, constitutes unjustified discrimination under Article 14 in conjunction with Article 8 of the European Convention on Human Rights.

Ratio Decidendi

The authorities failed to provide reasonable and objective justification for the difference in treatment between remand and convicted prisoners regarding conjugal visits, resulting in unjustified discrimination contrary to Article 14 in conjunction with Article 8.

Court Disposition

violation found (unanimously)

Orders

  • EUR 6,000 awarded for non-pecuniary damage