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).
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