Indirect Evidence in Lithuanian Citizenship Reinstatement

Ruling of the Civil Division of the Supreme Court of Lithuania of 9 March 2023 in civil case No. e3K-3-94-421/2023.

1. Subject Matter of the Case

The applicant, A. T., petitioned the court to establish a legally significant fact: that her grandfather, J. K., was a citizen of the Republic of Lithuania prior to June 15, 1940, and had emigrated from Lithuania before March 11, 1990. In support of her claim, she submitted the following documents:

A 1947 South African naturalization certificate stating that J. K. was a citizen of Lithuania;

A death certificate indicating that J. K. was born in Lithuania;

An archival birth record of J. K.’s brother, which noted that their parents were Lithuanian citizens;

A 1929 passenger list indicating that J. K. emigrated as a Lithuanian citizen.

2. Court's Reasoning and Interpretation

According to Article 444 of the Code of Civil Procedure, facts of legal significance may be established by court only when:

The fact in question holds legal relevance;

There are no official documents directly attesting to the fact;

The fact cannot be proven through any means other than judicial proceedings.

In citizenship-related cases, proof often relies on indirect evidence, and courts are permitted to make well-founded assumptions when direct evidence is unavailable.

All submitted materials and contextual circumstances are taken into account, including documents issued by foreign authorities—such as naturalization certificates, archival records, and travel documents.

Citizenship during the interwar period was governed by the Provisional Law on Citizenship of January 9, 1919, which defined who was considered a Lithuanian citizen. The court based its conclusion on the permanent residence of the applicant’s grandfather’s parents in Lithuania and the circumstances of his emigration, affirming his citizenship status in accordance with this law.

3. Outcome of the Case

Courts at all levels concluded that the evidence provided was sufficient and credible to establish that A. T.'s grandfather held citizenship of the Republic of Lithuania prior to June 15, 1940.

The Supreme Court upheld the lower courts’ rulings, confirming that:

All available avenues to obtain direct documentation had been exhausted;

Indirect evidence submitted—primarily foreign documents—was appropriately deemed adequate.

Consequently, the court formally recognized the legally significant fact necessary for the reinstitution of Lithuanian citizenship.