nationality, the actions of the Acting Federal Judge did not constitute a violation of Article 20
of the American Convention.
104. Based on the above, the Court concludes that the State is not responsible for the
violation of Articles 8(1), 8(2), 9 and 20 of the American Convention, read in conjunction with
Article 1(1) thereof, to the detriment of Ms. Raghda Habbal.
VII-2
RIGHT TO JUDICIAL PROTECTION IN RELATION TO
THE OBLIGATION TO RESPECT RIGHTS
A. Arguments of the parties and observations of the Commission
105. The Commission found that in the instant case the right to judicial guarantees was
violated in both the administrative proceedings that led to the revocation of the residence
permits, and the judicial proceedings that deprived Ms. Raghda Habbal of Argentine
nationality. Regarding the administrative proceedings, it noted that the fact that the people
affected did not take part and were not notified of Resolution 1088 meant that they were
unable to contest the decision in the courts, which affected their right to file an appeal before
competent judges or courts. In the case of the judicial proceedings that revoked Ms. Habbal’s
Argentine citizenship, the Commission found that within the framework of the appeals filed,
no effective protection was provided for the rights violated in the process of revoking her
nationality. Therefore, the Commission held that Argentina had violated the right to judicial
protection of Raghda Habbal and her daughters contained in Article 25 of the American
Convention read in conjunction with Article 1(1) thereof.
106. The representatives alleged that the State had violated the right to judicial protection
(Article 25 read in conjunction with Article 8(1) of the Convention). Firstly, because there was
no opportunity to question the validity of Resolution 1088 at the administrative level or,
subsequently, to seek judicial redress. The representatives argued that in this case there was
no adequate remedy. Secondly, they alleged that the federal civil proceedings for revocation
of citizenship were notified incorrectly. The invalid notification, to which the public defender
and the private legal representatives drew attention, was a violation of Article 25. Thirdly,
they maintained that, since it was based on an administrative resolution that, as the courts
confirmed, was invalid, the result was also invalid. The representatives argued that Resolution
1088 could not be used to commence proceedings. However, the judgment revoking Ms.
Habbal’s citizenship and making her a foreigner once again was delivered in a lower court and
confirmed by the Federal Court, and every possible appeal was rejected, making the decisions
final. The representatives concluded, therefore, that there had been a failure to respect both
the right to be heard and to judicial protection under the Convention.
107. The State rejected the conclusions of the Commission and the representatives
regarding the absence of effective judicial remedies. It maintained that the arguments
presented were not based on an independent violation of rights, as it was claimed that rights
were violated according to points of law presented regarding other rights. It also argued that
the fact that the appeals were unsuccessful did not constitute, in and of itself, a violation of
the right to judicial protection or due process. It held that, for that to be established, it had
to be shown that there were obstacles to the filing of appeals or the exercise of the defense,
that the judicial authorities had been dismissive of the alleged violations, or that the decision
was arbitrary, which did not occur in the instant case. They explained that Ms. Habbal had
had the opportunity to ascertain information about the grounds and reasons for the annulment
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