T9.lnternational Law does not allow, save under very exceptional situations,
the loss of nationality. The said conditions are: i) they must be founded on
clear legal basis;
ii)
must serye a legitimate purpose that conforms with
lnternational Law; iii) must be proportionate to the interest protected; iv)
must install procedural guaranties which must be respected, allowing the
concerned to defend himself before an independent body7.
80.!n the instant case, the Applicant maintains that he is of Tanzanian
nationality, which is being contested by the Respondent state. ln the
circumstance, it is necessary to estabtish on whom lies the burden of
proof. lt is the opinion of the Court that, since the Respondent State
is contesting the Applicant's nationalify held since his birth on the
basis of legal documents established by the Respondent State itself,
the burden is on the Respondent state to prove the contrary.
81.The Court notes that, in this case, the Applicant has always held Tanzanian
nationality with all the related rights and duties, up to the time of his arrest,
he had a birth certificate and passport like every other Tanzanian citizen.
82.The Court further notes that, in the instant case:
(1) the passport in question, AB125581delivered by Tanzanian authorities,
(2) The Applicant's birth certificate attached to his Application before this
Court indicates that his name is Anudo Ochieng Anudo and that his father is
Achok Anudo,
(3) the Respondent State claims that the Applicant's father's birth affidavit
attached to the Applicant's passport application in 2016 bears the name of
Anudo Ochieng, but that according to a testimony, his father was rather calted
Andrew Anudo,
(a) Mr. Achok Anudo testified, on oath, that he was indeed the Applicant's
father and, in addition, requested a DNA test to corroborate his assertions.
7
Report of the secretary General, Human Rights council, Twenty-Fifth Session
2013 /
18
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