JOHANSEN v. DENMARK DECISION represented before the Court by Mr Tobias Stadarfeld Jensen, a lawyer practising in Aarhus. 3. The Danish Government (“the Government”) were represented by their Agent, Mr Michael Braad, from the Ministry of Foreign Affairs, and their Co-Agent, Ms Nina Holst-Christensen, from the Ministry of Justice. A. The circumstances of the case 4. The facts of the case, as submitted by the parties, may be summarised as follows. 5. The applicant was born in Denmark to a Danish mother and a Tunisian father. He acquired Danish nationality at birth. The family always lived in Denmark, except for a period of 6 months when they lived in Tunisia, from December 2005 to June 2006. The applicant’s father returned to Tunisia for about two years in 2009, returning there permanently in 2013/2014. 6. On 9 February 2009 the applicant married a Danish woman in an Islamic ceremony. They had a son in 2010. In 2015, the applicant changed his name, from X to his present name. 7. In spring 2016 the Danish Security and Intelligence Service received a list from Interpol with the names of persons believed to have been recruited by the terrorist organisation Islamic State and to have operated in Syria. The applicant’s name was on the list. 8. On 7 April 2016 the applicant was arrested and provisionally charged on the basis of information that he had allegedly entered Syria and had accepted his recruitment by the terrorist organisation Islamic State in Iraq and the Levant (ISIL). The following day, by decision of a District Court, the applicant was remanded in custody. 9. On 16 October 2017, for the purposes of the criminal proceedings and at the request of the prosecution, the Ministry of Immigration and Integration (Udlændinge- og Integrationsministeriet) issued an opinion on the applicant’s nationality status, stating, inter alia, as follows: “ ... The Ministry of Immigration and Integration wants to point out that [the applicant] acquired Danish nationality (citizenship) at birth in pursuance of section 1(1) of Act No. 155 of 6 April 1978 on Danish Nationality (indfødsretsloven) as he was born on the Faroe Islands on ... 1990 to a Danish mother. ... It appears from the case file of the Ministry of Immigration and Integration relating to applications for Danish nationality and for residence permits for Denmark lodged by [S.A.], [the applicant’s father], that, according to the information provided by him, he was born in ..., Tunisia, on ... 1966, and that he and his parents are all Tunisian nationals. It also appears from the Danish Civil Registration System (the CPR Register) that [S.A.] is registered as a Tunisian national. Moreover, the Ministry of Immigration and Integration has copies of [S.A.]’s three Tunisian nationality passports .... All passports have been issued by the Tunisian Embassy in the Hague. 2