69. The Court considers that the refusal to issue the said documents, which is
not based on any judicial decision, suggests that persons “wanted by the
judicial authorities” are guilty. This perception is exacerbated by the fact
that, according to Article 3 of the aforementioned Order, the list of persons
“wanted by the judicial authorities” can be consulted by everyone on the
website of the Ministry of Justice and Legislation, whose address is stated
therein.
70. The Court notes, in this regard, that under the name of each person “wanted
by the judicial authorities” is mentioned an offence and, next to it, a court.
These mentions alone suffice to lead the public to believe that these
persons are guilty.
71. In view of the foregoing, the Court finds that the Respondent State violated
the right to the presumption of innocence under Article 7(1)(b) of the
Charter.
B. Alleged violation of the right to nationality
72. The Applicant submits that the right to nationality must be assessed in
relation to the effective enjoyment of all the benefits thereof, including the
right to be issued all civil and administrative documents.
73. He considers that the contested Order restricts the right to the effective
enjoyment of nationality insofar as some of these documents serve as proof
of nationality, so that it violates Article 15 of the UDHR, which protects the
right to nationality.
74. According to the Applicant, the existence of a right is assessed in relation
to the benefit that accrues to its holder. He submits that “the right to
nationality cannot be declared effective based exclusively on absence of
abuse, restriction or deprivation”.
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