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

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