“[…] 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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents