Factsheet – Deprivation of citizenship
sanction, within the meaning of Article 4 of Protocol No. 7 (right not to be tried or
punished twice) of the Convention, and that this provision was therefore inapplicable.
Usmanov v. Russia 1
22 December 2020
This case concerned a national of Tajikstan’s complaint about decisions to revoke his
Russian citizenship and remove him from Russian territory. The applicant had been
granted Russian citizenship in 2008, but it had been revoked ten years later when the
authorities discovered that he had omitted the names of his brothers and sisters in his
application. The applicant alleged that, in the decisions to revoke his Russian nationality
and exclude him from Russia, the authorities had failed to duly take into account his family
situation or to explain why he had posed a threat to national security.
The Court held that there had been a violation of Article 8 of the Convention as
concerned both the revocation of the applicant’s Russian citizenship and the decision to
expel him from Russian territory, finding that, overall, it had not been convincingly
established that the threat which the applicant had allegedly posed to national security
had outweighed the fact that he had been living in Russia for a considerable period of time
in a household with a Russian national, with whom he had four children, two of whom had
been born in Russia. That was particularly relevant given that during his stay in Russia the
applicant had not committed any offences. The Court noted in particular that the
authorities’ decisions in the applicant’s case had been overly formalistic, failing to duly
balance the interests at stake. In particular, they had not shown why the applicant’s failure
to submit information about some of his siblings had been so grave that it was justified to
deprive him of his Russian citizenship so many years after he had obtained it. Indeed,
revoking the applicant’s citizenship for such an omission, without the authorities carrying
out any kind of balancing exercise, had been grossly disproportionate.
Johansen v. Denmark
1 February 2022 (decision on the admissibility)
The applicant in this case was born in Denmark to a Danish mother and a Tunisian father
and had dual nationality. The case concerned the stripping of his Danish nationality
following his conviction in 2017 for terrorism offences, in particular for having gone to
Syria to join the “Islamic State”. The authorities had also ordered his deportation from
Denmark with a permanent ban on his return.
The Court declared the application inadmissible, finding the applicant’s complaints about
the stripping of the Danish nationality and his expulsion manifestly ill-founded. It noted
in particular that the decisions concerning the applicant, who had dual Danish and Tunisian
nationality, had been made after a thorough, diligent and swift assessment of his case,
bearing in mind the gravity of his offences, his arguments and personal circumstances,
the Court’s case-law and Denmark’s international obligations. The Court also emphasised
that it was legitimate for Contracting States to take a firm stand against terrorism, which
in itself constituted a grave threat to human rights.
Emin Huseynov v. Azerbaijan (no. 2)
13 July 2023
This case concerned the applicant’s complaint about being deprived of his Azerbaijani
citizenship in June 2015, making him stateless. At the time he was an independent
journalist and the chairman of a non-governmental organisation specialising in the
protection of journalists’ rights. He had just spent ten months in hiding in the Swiss
embassy in Baku as he was on a wanted list in connection with criminal proceedings
against his NGO concerning alleged financial irregularities, before leaving on a plane
with the Minister of Foreign Affairs for Switzerland where he was granted asylum
shortly afterwards.
1
. On 16 September 2022 the Russian Federation ceased to be a Party to the European Convention on Human
Rights (“the Convention”).
3
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