Factsheet – Deprivation of citizenship
permit there, which could eventually also make him eligible for citizenship. Lastly, he had
not sufficiently convinced the Court that he had relinquished his Egyptian nationality nor
demonstrated that he would not be able to re-acquire it if he had done so.
K2 v. the United Kingdom (application no. 42387/13)
7 February 2017 (decision on the admissibility)
The applicant, a naturalised British citizen, left the United Kingdom in breach of his bail
conditions. While he was out of the country, the Secretary of State for the Home
Department ordered that the applicant be deprived of his citizenship on the ground that
such measure was conducive to the public good. The applicant was also excluded from the
United Kingdom on the ground that he was involved in terrorism-related activities and had
links to a number of Islamic extremists. The applicant complained that the measures had
breached his right to respect for his family and private life. He also argued that he could
not properly make his case from abroad, because of fears that his communications could
be intercepted by Sudanese counter-terrorism authorities that would then harm him.
The Court declared the application inadmissible as being manifestly ill-founded. It firstly
found that, although an arbitrary denial or revocation of citizenship might in some
circumstances raise an issue under Article 8 of the Convention, because of its impact on
the private life of an individual, no such issue arose in the present case. The Home
Secretary at the time had acted swiftly and diligently, and in accordance with the law. The
Court also noted that the applicant had had a statutory right to appeal and access to
judicial review but the UK courts had rejected his claims after giving them a comprehensive
and thorough examination. Lastly, though some of the case against the applicant had been
kept secret for security reasons, his special advocate had had access to this information,
and the nature of the case was broadly known to the applicant. Moreover, the Court held
that Article 8 of the Convention could not be interpreted so as to impose an obligation on
States to facilitate the return of every person deprived of citizenship in order for them to
pursue an appeal against that decision. The UK court had rejected the applicant’s claims
about not being able to argue his case from abroad, and the Court did not consider itself
in a position to call into question that finding. Furthermore, the UK court had adopted a
cautious approach to the case given the absence of instructions from the applicant, but
still found conclusive evidence that he had been engaged in terrorism-related activities.
In any case, it was the applicant who had originally chosen to leave the country. Finally,
the Court noted that the applicant would not be left stateless by the loss of UK citizenship
(as he had Sudanese citizenship), and the interference to his private and family life caused
by the deprivation of citizenship was limited.
Ghoumid and Others v. France
25 June 2020
This case concerned five individuals, formerly having dual nationality, who were convicted
of participation in a criminal conspiracy to commit an act of terrorism. After serving their
sentences they were released in 2009 and 2010, then stripped of their French nationality
in October 2015. The applicants argued in particular that the revocation of their nationality
had breached their right to respect for their private life. They added that their loss of
nationality was a “disguised punishment” constituting a sanction for conduct in respect of
which they had already been convicted and sentenced in 2007 by the Paris Criminal Court.
The Court held that there had been no violation of Article 8 of the Convention, finding
that the decision to deprive the applicants of French nationality had not had
disproportionate consequences for their private life. It reiterated in particular the point,
already made in a number of judgments, that terrorist violence constituted in itself a
serious threat to human rights. As the applicants already had another nationality, the
decision to deprive them of French nationality had not had the effect of making them
stateless. In addition, loss of French nationality did not automatically entail deportation
from France, but if such a measure were to be decided against them they would have the
appropriate remedies by which to assert their rights. The Court further observed that
deprivation of nationality under Article 25 of the French Civil Code was not a criminal
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