“[…] relates to the expected effectiveness of the measure to serve the national security interests or public order interest of the State or community. Both the rights of the individual that might be limited as a result of the implementation of the administrative measure and the interests of the State or community should be considered. The appropriate authority should henceforth justify that the measures taken are necessary to serve the legitimate aim. Authorities should therefore assess the facts available concerning the behavior of the individual and question whether these facts contribute to a serious threat to national security, and subsequently whether the measures taken will effectively curb that threat.”206 7.6. Procedural safeguards PRINCIPLE LEGAL STANDARD Any administrative or executive process to deprive nationality must be in accordance with procedural safeguards under international law, including: ICCPR, Art. 14(3): “In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing. … d To be tried in his presence, … . 7.6.1. Deprivation of nationality for the purpose of national security must never be automatic by operation of the law. 7.6.2. The individual concerned must be notified of the intent to deprive nationality prior to the actual decision to do so, to ensure that the person concerned is able to provide facts, arguments and evidence in defence of their case, which are to be taken into account by the relevant authority. 1961 Convention, Art. 9: “A Contracting State may not deprive any person or group of persons of their nationality on racial, ethnic, religious or political grounds. 1961 Convention, Art. 8(4): “A Contracting State shall not exercise a power of deprivation … except in accordance with law, which shall provide for the person concerned the right to a fair hearing by a court or other independent body. 7.6.3. Decisions on deprivation of nationality must be individual, as opposed to collective. 7.6.4. With regard to the principle of the avoidance of statelessness, the burden of proof in determining that the person concerned holds another nationality must lie with the competent authorities of the depriving state. 206 Glion Recommendations (2019), p. 9. 61

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