The court found the ruling, issued on 30 March, ungrounded and unlawful.
The court of appeals said the Klaipėda court merely made a formal enumeration of provisions of the code of criminal process regulating detention, but failed to specify the objective of the measure or the reasons for it.
The Klaipėda court said the detention was necessary, as the Gatayev spouses had escaped justice. However, it did not consider that they notified Lithuanian authorities of their legal representatives and inquired about the course of the proceedings. Besides, the Gatayevs could not leave Finland until their asylum application was processed and had already served their sentences imposed by another court.
The Tuesday's ruling by the Court of Appeals is final and not subject to further appeals. The appeal had been filed by Gatayev's lawyer.
Earlier, the media reported that Finnish migration authorities had granted the spouses political asylum.
In June 2009, a Kaunas court found the couple guilty of violent treatment of their foster children, murder threats and high-handedness. They were each sentenced to 10 months in prison.
Another Kaunas court in September of 2009 extended the punishments to 18 months. The Gatayevs disappeared after the verdict. The European Arrest Warrant was then issued, but later recalled, as the Lithuanian Supreme Court ruled to reopen the case.
Human rights defenders said there were possible violations in the case - the media wrote about interference of the State Security Department and possible involvement of Russia's special services.
2012 05 08
Gatayev couple no longer wanted by Lithuanian law enforcement
On Tuesday, the Lithuanian Court of Appeals annulled a ruling issued by a Klaipėda court, which called for search of Chechen couple Malik and Khadizhat Gatayev.
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