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MARRIAGE: Frasik v Poland (Application No 22933/02 and Jaremowicz v Poland (Application No 24023/03)

Date:5 JAN 2010

(European Court of Human Rights; 5 January 2010)

Polish prisoners complained of violations of Articles 12 (right to marry) and 13 (right to an effective remedy) and violation of Article 5 (4) (right to liberty and security) after being refused permission to marry. The Court held that the authorities had not justified their refusal to allow the applicants to marry with acceptable considerations. A State is not allowed to interfere with a prisoner's decision to marry a person of their choice except for when there are overriding security considerations.