7.6.
Procedural Safeguards
Any administrative, executive or judicial process to deprive nationality must be in accordance with
procedural safeguards under international law, including:
7.6.1. Deprivation of nationality for the purpose of national security must never be automatic by
operation of the law.
7.6.2. The individual concerned must be notified of the intent to deprive nationality prior to the
actual decision to do so, to ensure that the person concerned is able to provide facts,
arguments and evidence in defence of their case, which are to be taken into account by the
relevant authority.
7.6.3. Decisions on deprivation of nationality must be individual, as opposed to collective.
7.6.4. With regard to the principle of the avoidance of statelessness, the burden of proof in
determining that the person concerned holds another nationality must lie with the
competent authorities of the depriving state.
7.6.5. Individuals must be notified in writing of the decision to deprive nationality and of the
reasons underlying the decision. This must be done so in a prompt manner and in a
language that they understand.
7.6.6. Decisions on the deprivation of nationality must be open to effective judicial review and
appeal to a court, in compliance with the right to a fair trial.
7.6.7. No person whose nationality has been withdrawn shall be deprived of the opportunity to
enter and remain in that country in order to participate in person in legal proceedings
related to that decision
8. The rights to a fair trial, effective remedy and reparation
8.1.
Everyone has the right to a fair trial or hearing. In any proceedings concerning the
deprivation of nationality, the right to equal access to a competent, independent and
impartial judicial body established by law and to equal treatment before the law must be
respected, protected and fulfilled.
8.2.
Everyone has the right to an effective remedy and reparation. States must provide those
who claim to be victims of a violation with equal and effective access to justice and effective
remedies and reparation, which include the following forms: restitution, compensation,
rehabilitation, satisfaction and guarantees of non-repetition.
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