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LIUBENKA v. LITHUANIA

Doc ref: 20802/20 • ECHR ID: 001-217825

Document date: May 16, 2022

  • Inbound citations: 0
  • Cited paragraphs: 0
  • Outbound citations: 2

LIUBENKA v. LITHUANIA

Doc ref: 20802/20 • ECHR ID: 001-217825

Document date: May 16, 2022

Cited paragraphs only

Published on 7 June 2022

SECOND SECTION

Application no. 20802/20 Artūras LIUBENKA against Lithuania lodged on 12 May 2020 communicated on 16 May 2022

SUBJECT MATTER OF THE CASE

The applicant is a convicted prisoner. He has open tuberculosis and is serving his sentence at the Prison Hospital. He complains under Articles 3 and 8 of the Convention that from February to October 2017 he was not granted any contact visits with his partner, on account of his illness. During that time, he was granted several contactless visits with his partner, but he submits that that was not sufficient and that their relationship broke down as a result.

QUESTIONS TO THE PARTIES

1. Has there been a violation of the applicant’s right to respect for his family life, contrary to Article 8 of the Convention, in view of the refusal to grant him contact visits with his partner (see Khoroshenko v. Russia [GC], no. 41418/04, §§ 123-26, ECHR 2015, and the cases cited therein)?

2. In the enjoyment of his right to respect for his family life, has the applicant suffered discrimination on account of his health status, contrary to Article 14 of the Convention read in conjunction with Article 8 (see, mutatis mutandis , Kiyutin v. Russia , no. 2700/10, §§ 56-58, ECHR 2011)?

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