Legislator Case Law & Legislation
II Kow 755/21 AI generated

Court sets aside prison director's visit denial based on transgender partner's identity and established close relationship.

Case Number II Kow 755/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court set aside the prison director's decision denying visitation rights to a prisoner's partner. The director had refused access because the partner, who had left the facility, was deemed not a close relative under the law. The court found the decision flawed due to a lack of thorough investigation into the partner's identity as a transgender woman and the existence of a long-standing, documented emotional and financial bond.

Legislator headnote

AI generated

Art. 115 § 1 k.k.w.; Art. 7 § 5 kkw. The court must conduct a thorough investigation into the identity and relationship of a prisoner's visitor, recognizing that a partner of a transgender individual constitutes a close relative entitled to visitation rights.

Keywords

AI generated
prison visitation rights transgender partner close relative definition administrative review prison administration duty

Cited Legislation

AI generated
Art. 115 § 1 k.k.w.
Art. 7 § 5 kkw.
art. 115 § 1 k.k
art. 115 k.k
AI generated

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