B. Right to nationality, due process and the principle of legality
B.1. Arguments of the parties and observations of the Commission
86.
The Commission pointed out that nationality is the legal expression of the social fact
of an individual’s connection with the State, from which political and certain civil rights are
derived. It also observed that States have the discretionary authority to establish the
conditions that people who wish to obtain another nationality must meet. However, it noted
that States may not act arbitrarily in the exercise of their discretionary authority, and so are
limited by the duty to provide equal and effective protection under the law, without
discrimination, and the duty to prevent, avoid and reduce statelessness. In the instant case,
the Commission maintained that the Acting Federal Judge studied the documentation of the
criminal proceedings to ascertain the situation. Although no final judgment had been
delivered, and based on the information available, he concluded that Ms. Habbal had acted
fraudulently and therefore stripped her of her nationality. According to the Commission, the
Federal Judge’s actions constituted a violation of the principle of presumption of innocence.
The Commission furthermore concluded that the decision of the Acting Federal Judge and the
Appeals Court showed disregard for the principle of legality, and the obligation to provide
sufficient grounds for its decision.
87.
In addition, the Commission emphasized that the procedure followed in revoking Ms.
Habbal’s nationality should have provided her with procedural guarantees, since there was a
possibility that she could be stripped of her nationality. Regarding the reasons for the decision,
the Commission argued that the judicial decision revoking Ms. Habbal’s nationality did not
contain a proportionality analysis taking into account the legitimate purpose and the violation
of rights. It observed that the authorities never took into consideration the fact that Raghda
Habbal was the mother of a child born in Argentina. The Commission also maintained that the
State failed to consider the risk of Ms. Habbal being rendered stateless if her citizenship was
revoked, in violation of the duty to prevent statelessness. For all these reasons, the
Commission concluded that the Argentine State had violated the principle of presumption of
innocence, the principle of legality and the right to nationality, established in Articles 8(2), 9,
and 20 of the American Convention, read in conjunction with Article 1(1) thereof, to the
detriment of Raghda Habbal.
88.
The representatives argued that the State had violated the rights protected by
Articles 8, 20 and 9 of the Convention, read in conjunction with Article 1(1) thereof, due to
the violation of the principle of presumption of innocence. They asserted that the judge had
revoked Raghda Habbal’s citizenship without waiting for the outcome of the criminal
proceedings, thus violating the principle of innocence. The representatives also argued that
the right to nationality and the prevention of statelessness had been violated because Ms.
Habbal had been forced to renounce her Syrian nationality in order to adopt Argentine
citizenship, and so was rendered stateless when the Judiciary revoked her Argentine
nationality. The representatives maintained that the civil courts involved had said nothing on
the matter. Likewise, they argued that Resolution 1088 had violated Ms. Habbal’s rights
because it failed to take into account the possibility of her being rendered stateless. They
argued that this administrative act was extremely onerous for the alleged victims, as it did
not allow them to exercise the right of defense, and failed to provide an exhaustive analysis
of the grounds for the decision and thus demonstrate its proportionality.
89.
The State contended that the Commission’s conclusion that the principles of legality
and presumption of innocence, as well as the obligation to provide sufficient grounds, had
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