Usmanov v. Russia: a confusing turn in the right direction?

By Louise Reyntjens (Leuven Centre for Public Law, KULeuven)

On the 22nd of December 2020, the Strasbourg Court delivered its latest judgment in its case law on citizenship deprivation, a sensitive issue the Court is increasingly confronted with. Ever since the “European war on terror” has been declared, governments have rediscovered citizenship deprivation as a counterterrorism measure; a most cunning tool to shape national societies and exclude the “unwanted”, i.e. (convicted/suspected) terrorists. Over the past couple of years, those cases have started to find their way to the Strasbourg Court, with many fundamental rights questions surrounding them. Most of the judgments delivered on this particular issue were rather disappointing and failed to offer much protection to the individual(s) involved. The judgment of Usmanov v. Russia on the other hand, is indicative of a careful turnaround in this regard. It does however also cause some confusion in how the Court handles cases of deprivation, warranting further clarification (perhaps ideally by the Grand Chamber?).

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Nationality and Statelessness Before the European Court of Human Rights: A landmark judgment but what about Article 3 ECHR?

By Dr. Hélène Lambert (Professor of Law at the University of Wollongong, Australia, and Professor of International Law at the University of Westminster in London, United Kingdom)

Introduction

Two years ago, following the judgment of the Fourth Section of the European Court of Human Rights in Ramadan v. Malta, Marie-Bénédicte Dembour called on the Court to take nationality seriously because it is “a core human rights issue” (Strasbourg Observers). Dembour criticised the Court for insisting “that the applicant brings impossible proofs” of his nationality, thereby favouring the defendant State, and for blaming the applicant for his predicament. Hoti v Croatia gives us the opportunity to scrutinise once more how the Strasbourg Court understands nationality and statelessness in human rights terms, and there is some good news. Continue reading