Case Chernetskiy v. Ukraine

Importance Nature Application Number Case language State Date (dd/mm/yyyy)
2 Judgement 44316/07 English Ukraine 08/12/2016

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The case concerned the applicant’s complaint that he had been prevented from remarrying while serving a prison sentence. In 2005, while in prison, his wife filed for a divorce. Although he received a notification about the divorce, he was not able to obtain the divorce certificate because domestic law provided that the certificate had to be fetched in person but not that prisoners could be escorted to the registry for such purpose.

As a result he could not marry with his new partner until 2008 when he managed to obtain a divorce certificate in prison following the introduction of certain amendments to the domestic legislation.

Furthermore, until the new marriage was registered, the applicant could solely request short meetings with his new partner, which would last no longer than four hours and would be held in the presence of a prison officer.

The Court concluded that there had been a violation of Article 8 of the Convention.