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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