The application was submitted on Thursday, Alicija Petkevičiūtė, prosecutor of Lithuania's port city of Klaipėda, told BNS.
The Klaipėda court should process the application by Friday.
The Gatayev case has been in Klaipėda court after it was forwarded from the Lithuanian Court of Appeals in May 2010. The case cannot be opened, as the suspects left Lithuania in 2009. Some reports suggest the spouses went to Finland and have applied for political asylum there.
A Lithuanian court had applied to the Finnish Justice Ministry for delivery of judicial documents, but received a negative reply due to unknown whereabouts of Gatayevs.
In early 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 issued, but recalled in March 2010, as the Lithuanian Supreme Court ruled to reopen the case.
"The warrant was then issued for execution of the verdict, the situation has changed by now," the prosecutor told BNS.
Human rights defenders said there were possible violations in the case - media discussed about interference of the State Security Department and possible involvement of Russia's special services.
