7.6.5. Individuals must be notified in
writing of the decision to deprive
nationality and of the reasons
underlying the decision. This must be
done so in a prompt manner and in a
language that they understand.
7.6.6. Decisions on the deprivation of
nationality must be open to effective
judicial review and appeal to a court, in
compliance with the right to a fair trial.
7.6.7. No person whose nationality has
been withdrawn shall be deprived of
the opportunity to enter and remain in
that country in order to participate in
person in legal proceedings related to
that decision.
118. The Tunis Conclusions state that “procedural safeguards are essential to prevent abuse of the
law and are “derived from the prohibition of arbitrary deprivation of nationality .207 Procedural
safeguards to avoid arbitrary deprivation of nationality are necessary regardless of whether the
withdrawal of nationality would result in statelessness or not.208 As detailed in the Commentary
to Principle 3.2 above, the prohibition on arbitrary deprivation of nationality is included in
different international and regional instruments.
119. While a number of international treaties refer to due process obligations in the context of criminal
trials, it has been established that these apply to other types of disputes as well. Thus, ‘criminal
charges’ under Article
of the ICCPR “may also extend to acts that are criminal in nature with
sanctions that, regardless of their qualification in domestic law, must be regarded as penal
because of their purpose, character or severity 209 and, at regional level, Article 6 ECHR for
instance also applies to disciplinary and other proceedings.210 These interpretations regarding the
severity of the penalty imposed correspond with the recommendations set out in the Tunis
Conclusions that deprivation of nationality should only occur following a two-step process,
logically beginning with a finding of guilt by a criminal court. A decision by the competent
authority (preferably a court) on deprivation of nationality would follow.211
207
UNHCR, ’Tunis Conclusions‘
, para .
UNHRC Guidelines No 5 (2020), para 97.
Human Rights Committee, ‘General Comment No. : Article : Right to equality before courts and tribunals and to a fair trial’
CCPR/C/GC/32, para 15.
210
ECtHR, Marusic v Croatia (2017), Application no. 79821/12, para 72-73.
211 UNHCR, ’Tunis Conclusions‘
, para .
208
209
62
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