Factsheet – Deprivation of citizenship
The Court firstly noted that the decision terminating the applicant’s citizenship had left
him without any valid identity document, creating general uncertainty as regards his legal
status as an individual and directly affecting his social identity. It therefore amounted to
an interference with the applicant’s right to respect for private life under Article 8.
In keeping with its case-law, the Court’s duty was therefore to determine whether that
interference had been arbitrary or not – that is to say whether it was legal, whether the
applicant had had an opportunity to challenge the decision, and whether the authorities
had acted diligently and swiftly. In the present case, the Court noted in particular that the
national authorities had given no heed to the fact that the termination of the applicant’s
citizenship, rendering him stateless, would be in breach of Azerbaijan’s international law
obligations. Also, since the applicant had not been able to contest the decision to terminate
his citizenship before the national courts, he had not benefited from the necessary
procedural safeguards. Therefore, the Court found that the decision to terminate the
applicant’s citizenship had been arbitrary and had violated Article 8 of the Convention.
Pending applications
El Aroud v. Belgium (no. 25491/18) and B.S. v. Belgium (no. 27629/18)
Applications communicated to the Belgian Government on 5 November 2018
This case concerns the removal of the applicants’ Belgian nationality following their
conviction for acts related to terrorism. The applicants complain in particular that
they were deprived of two levels of jurisdiction relating to the decision to strip them of
their citizenship.
The Court gave notice of the applications to the Belgian Government and put questions to
the parties under Article 2 (right of appeal in criminal matters) of Protocol No. 7 to
the Convention and under Article 6 § 1 (right to a fair trial within a reasonable time) and
Article 8 (right to respect for private life) of the Convention.
Benahmed v. France (no. 25203/22)
Application communicated to the French Government on 22 May 2023
This case concerns the removal of the applicant’s French nationality following his conviction
for acts related to terrorism.
The Court gave notice of the application to the French Government and put questions to
the parties under Article 8 (right to respect for private life) of the Convention.
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