challenge the denationalization. The burden on ensuring that the litigants are appraised of relevant proceedings lies with the domestic authorities.222 130. Also, a resolution of the Parliamentary Assembly of the Council of Europe (PACE) has expressed concern that the decision to withdraw nationality can be made without criminal conviction and any appeal to such administrative decisions without the procedural safeguards of criminal law and mostly without the knowledge and/or presence of the person concerned violate basic elements of the rule of law.223 For more information about fair trial, please also refer to Principle 8 below. Principle 8: The rights to a fair trial, effective remedy and reparation PRINCIPLE LEGAL STANDARD 8.1. Everyone has the right to a fair trial or hearing. In any proceedings concerning the deprivation of nationality, the right to equal access to a competent, independent and impartial judicial body established by law and to equal treatment before the law must be respected, protected and fulfilled. UDHR, Art. 10: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. 8.2. Everyone has the right to an effective remedy and reparation. States must provide those who claim to be victims of a violation with equal and effective access to justice and effective remedies and reparation, which include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of nonrepetition. UDHR, Art. 8: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. ICCPR, Art. 14(1): “All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. ICCPR, Art. 2(3): “Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted. 222 See ECtHR, Schmidt v Latvia (2017), Application no. 22493/05. The applicant had not been informed of divorce proceedings and the Court emphasized that given what was at stake in the proceedings, special diligence had been required on the authorities’ part to ensure that the right of access to a court was respected. 223 CoE PACE Resolution 2263 (2019). 65

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