liberty and security of one's person and protection against arbitrary arrest
or detention (Article I (1) of the ICESCR and Article 6 of the charter); the
right to participate freely in the conduct of public affairs of one's country,
either directly or through freely chosen representatives (Article 13 (1) of the
Charter and Article 25 (1) of the ICCPR); the right to access pubtic offices
and to use the public services in one's country (Article 13 (2) of the Charter
and 25 (2) of the ICESCR); the right to work (Article 15 of the Charter and
Article 6 of the ICESCR); and the right to marry and to found a family
(Article 23 of the ICCPR).
1
19.
The Applicant further submlts that the said violations resulted from the
unlawful deprivation of his nationality and his expulsion from Tanzanian
territory, especially the fact that he found himself in a situation of
statelessness in a "no man's land" between the Republic of Kenya and the
United Republic of Tanzania.
120. The Court notes that some of the alleged
violations relate
to
the
Applicant's living conditions in the said ',no man,s land" while others
concern the rights which the Applicant would enjoy had he not lost his
nationality and had he not been expelled from the United Republic of
Tanzania.
121- ln the opinion of the Court, therefore, the violation of the aforesaid
related rights is a consequence of the major violations. The Court, having
established the violation of the right not to be arbitrarily deprived of his
nationality, the right not to be arbitrarily expelled from a State and violation
of the right to judicial remedy, defers consideration of the related violations
to the stage of consideration of the request for reparation.
VIII. REMEDIES SOUGHT
122. ln his Application, the Applicant prayed the court to: (i) order the
annulment of the decision of the immigration authorities to expel him from
his own country, including the notice of "prohibited immigrant", and
restoration of his nationality by declaring
a
of the United
26
9
Y,r,
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