FIFTH SECTION
CASE OF GHOUMID AND OTHERS v. FRANCE
(Application no. 52273/16 and 4 others)
JUDGMENT
Art 4 P7 • Right not to be tried or punished twice • Inapplicability in case of
deprivation of French nationality on account of previous conviction for terrorist
offence • Measure not representing a criminal sanction (Engel criteria)
Art 8 • Respect for private and family life • Deprivation of French nationality on
account of previous conviction for terrorist offence • No interference with family
life, measure not entailing deportation • Private life • Impact on personal identity •
Lack of arbitrariness • Passage of time between conviction and deprivation of
nationality explained by response to increased terrorist violence in year measure
was taken • Procedural safeguards • Consequences not disproportionate •
Seriousness of terrorist threat for democracy and human rights • Conviction for
participation over a ten-year period in a criminal conspiracy to commit a terrorist
act • Absence of ensuing statelessness • No automatic suppression of right to
reside.
STRASBOURG
25 June 2020
FINAL
25/09/2020
This judgment has become final under Article 44 § 2 of the Convention. It may be
subject to editorial revision.