been violated as a result of the revocation of citizenship, was based on an incorrect
interpretation of the legal principles involved, particularly with respect to the scope of the
principle of “grounds for prejudiciality” and its derivation from the principle of presumption of
innocence. It argued that what Federal Court No. 2 of Mendoza had taken into account when
declaring the citizenship granted to Ms. Habbal invalid was not her individual criminal
responsibility for submitting documents containing false statements, but rather the false
information contained in the documents on which the granting of naturalization was based.
Hence, there was no need to wait for a criminal judgment to determine that “fraud” had been
committed, since the connotation was not criminal, but civil, according to the Federal Court’s
analysis. Therefore, it argued that the revocation of citizenship did not violate the principle of
the presumption of innocence in the case of Ms. Habbal, since it did not judge or prejudge
her criminal guilt, but rather based its decision on the confirmation that the documents that
Ms. Habbal submitted contained false statements.
B.2. Considerations of the Court
B.2.1. Right to nationality and the minimum guarantees of due process in
proceedings that may lead to the deprivation of nationality
90.
Regarding the right to nationality recognized in Article 20 of the American Convention,
the Court has maintained that nationality, “as a legal and political bond that links a person to
a particular State, allows the individual to acquire and to exercise the rights and
responsibilities inherent in membership in a political community. As such, nationality is a
prerequisite for the exercise of certain rights, 114 and is also a non-derogable right according
to Article 27 of the Convention. In this regard, it is pertinent to mention that nationality is a
fundamental right of the human person that is established in other international
instruments. 115 It is also worth mentioning that the American Convention includes two aspects
of the right to nationality: a) the right to a nationality from the perspective of endowing the
individual with the basic legal protection for a series of relationships by establishing his
connection to a specific State, and b) the protection of the individual against the arbitrary
deprivation of his nationality because this would deprive him of all his political rights and of
those civil rights that are based on a person’s nationality. 116
91.
Moreover, this Court has established that nationality, as it is mostly accepted, should
be considered a natural condition of the human being. This condition is not only the very basis
of his political status but also part of his civil status. Consequently, even though it has
traditionally been accepted that the determination and regulation of nationality fall within the
competence of each State, developments in this area reveal that international law has
imposed certain limits on the State’s margin of discretion. 117 In this regard, the Court has
considered that the determination of its nationals continues to be subject to the internal
jurisdiction of the States. Nevertheless, this State attribute must be exercised in conformity
Cf. Case of the Yean and Bosico Girls v. Dominican Republic, supra, para. 137, and Case of expelled
Dominicans and Haitians v. Dominican Republic, supra, para. 253.
114
115
Cf. Case of expelled Dominicans and Haitians v. Dominican Republic, supra, para. 253.
Cf. Proposed Amendments to the Naturalization Provision of the Political Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4, para. 34, and Case of Dominicans and Haitians expelled v.
Dominican Republic, supra, para. 254.
116
Cf. Advisory Opinion OC-4/84, supra, para. 32, and Case of expelled Dominicans and Haitians v. Dominican
Republic, supra, para. 255.
117
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