138. The right to a fair trial is complemented by the right to an effective remedy and reparation where
appropriate. The right to an effective remedy is further set out in, for instance, the CERD (Article
6), the ACHR (Article 10), the ECHR (Article 13) the Arab Charter on Human Rights (Article 12), and
the Charter of Fundamental Rights of the European Union (Article 47). At the UN level, the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations
of International Human Rights Law and Serious Violations of International Humanitarian Law
adopted and proclaimed by General Assembly Resolution, is the normative authority for States
making available adequate, effective, prompt and appropriate remedies, including reparation, for
violations of international human rights law.237
139. This right has two distinct elements. First, everyone whose right to a fair trial has been violated
should be remedied for this violation. In addition to this, anyone who has had their nationality
revoked contrary to international (human rights) law, shall also have the right to an effective
remedy and reparation. Alongside, paragraphs
to
of the HRC’s General Comment No. ,
this was confirmed by the UN General Assembly, which urged States, particularly in the counterterrorism context, to
“ensure that any person who alleges that his or her human rights or fundamental freedoms
have been violated has access to a fair procedure for seeking full, effective and enforceable
remedy within a reasonable time and that, where such violations have been established, victims
receive an adequate, effective and prompt remedy, which should include, as appropriate,
restitution, compensation, rehabilitation and guarantees of non-recurrence”.238
140. The right to an effective remedy includes the right to appeal with suspensive effect. Indeed,
“[w]here a person is subject to loss or deprivation of nationality and a review process is
available, lodging an appeal should suspend the effects of the decision, such that the individual
continues to enjoy nationality — and related rights — until such time as the appeal has been
settled. Access to the appeals process may become problematic and related due process
guarantees nullified if the loss or deprivation of nationality is not suspended and the former
national, now alien, is expelled.”239
237
The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights
Law and Serious Violations of International Humanitarian Law adopted and proclaimed by General Assembly Resolution 60/147 of 16 December
2005.
238 UNGA Res 72/180 (10 December 2017), UN Doc A/RES/72/180, pp. 5.
239
UN Human Rights Council, ‘Human rights and arbitrary deprivation of nationality: Report of the Secretary General’, A HRC
8 (2013),
para. 33.
69
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