84. The Court therefore considers that the question of proof of nationality is a corollary of the right to nationality and cannot be discounted, so that the citizen cannot be arbitrarily deprived of it as laid down in Article 15 of the UDHR and Article 5 of the Charter. 85. Thus, the Court considers that in order to avoid arbitrariness, such measures depriving individuals of the enjoyment of the right to nationality must have a clear legal basis, must serve a legitimate purpose in line with international law, must be proportionate to the interest they seek to protect, and there must be procedural safeguards entitling the person concerned to defend his case before an independent body. 86. The Court notes in the instant case that, although the Respondent State’s legislation provides that issues of nationality, personal status,30 proof of nationality and its effects31 are matters of law, the refusal to issue a certificate of nationality in the instant case resulted from an inter-ministerial Order intervening in an area that is the preserve of the law. Furthermore, the Court has established in the present judgment that the objective of the contested Order, namely, to ensure that persons claimed by the Respondent State to be wanted do not abscond, is inconsistent with international law insofar as it violates the right to the presumption of innocence. 87. The Court further considers that the measure prohibiting the issuance of certificates of nationality or cancelling32 the same as laid out in the Order of 22 July 2019 are of a nature to negate the legal status of wanted persons and to lead to statelessness, which is clearly disproportionate with the purpose of the law. Article 98 of Law No. 90-32 of December 11, 1990, establishing the Constitution of Benin: “The rules concerning: […] the nationality, status and capacity of persons … are within the domain of the law.”. 31 Article 95 of Law No. 65-17 of June 23, 1965, on the Dahomean Nationality Code (Benin), applicable at the time of the institution of proceedings, provides that “The certificate of nationality … is authentic until proven otherwise. This text is also taken up by article 76 paragraph 2 of law No. 2022-32 of 20 December 2022 on the nationality code repealing law No. 065-17 of 23 June 1965. 32 Article 5 of the decree states: “Any act of the authority issued in violation of the provisions of this decree (…) is null and void. 30 22