Also, there is a problem with interpretation for people who do not speak Lithuanian. The Civil Procedure
Code establishes the right to an interpreter, but only during judicial proceedings. Interpretation services
during preparatory meetings and necessary sessions outside court proceedings shall be covered by the
applicant. Finally, applicants need to pay a fee (referred to as žyminis mokestis) for court proceedings. For
example, as of September 2012, if an applicant wants to establish that he or she lived in Lithuania prior to 1
July 1993, he or she must pay a State fee of 143 LTL (around 40 Euro). The courts may reduce the fee if the
applicant requests so in writing.181
3.4 Rights of applicants and of stateless persons
3.4.1 Rights of applicants during the procedures in
which statelessness can be determined
The 1954 Convention, along with other standards of international human rights law, grants stateless
persons a core set of rights. These rights are extended to an individual based on the degree of attachment
to the State. The 1954 Convention guarantees rights to stateless persons on a gradual, conditional scale,
with some protections applicable to all stateless persons and others dependent on the precise legal status
of the individual.182 Some provisions depend on whether the person is “lawfully in,”183 “lawfully staying
in,”184 or “habitually resident” in a territory. Other provisions, however, are applicable to any stateless person
who is either subject to the jurisdiction of a State party or present in its territory.
Persons with “unresolved” legal status, stateless asylum-seekers and “unreturnable” persons in Lithuania
find themselves in a situation similar to that of persons who would normally submit an application to a
statelessness determination procedure, if one existed.185 Therefore, their rights are examined in the present
section. The analysis encompasses only those “unreturnable” persons where there is an indication that they
may be stateless. A discussion of “unreturnable” persons who purportedly have a nationality is beyond the
scope of this report.
50
181
Civil Process Code, Article 83(3).
182
For a detailed discussion, see UNHCR Handbook on Protection of Stateless Persons, paras. 132-139. See also ibid, paras 14 and 16 (on
the status of a stateless person even prior to a formal determination of his or her statelessness).
183
For a discussion of the “lawfully in” rights, see UNHCR Handbook, para 134.
184
See UNHCR Handbook on Protection of Stateless Persons, para 137, noting, “The “lawfully staying” requirement envisages a greater
duration of presence in a territory. This need not, however, take the form of permanent residence. Shorter periods of stay
authorized by the State may suffice so long as they are not transient visits. Stateless persons who have been granted a residence
permit would fall within this category. It also covers individuals who have temporary permission to stay if this is for more than a
few months. By contrast, a visitor admitted for a brief period would not be “lawfully staying.” Individuals recognized as stateless
following a determination procedure but to whom no residence permit has been issued will generally be “lawfully staying” in a
State party by virtue of the length of time already spent in the country awaiting a determination.” See also Waas, L.V., Nationality
Matters, pp. 325-327.
185
As there is no specific stand-alone statelessness determination procedure in Lithuania, rights during such a procedure cannot
be discussed here. The other procedures in which statelessness can be determined will be discussed in its stead.
M A P P I N G S TAT E L E S S N E S S I N L I T H UA N I A