88. The Court considers that in these circumstances, by prohibiting the
establishment and issuance of the certificate of nationality to persons simply
because they are wanted by the law, or by declaring such a certificate null
and void, the Order of 22 July 2019 arbitrarily deprives them of the
enjoyment of nationality.
89. The Court therefore finds that by virtue of the Order of 22 July 2019, the
Respondent State violated the right to nationality under Article 5 of the
Charter and Article 15 of the UDHR.
VIII.
REPARATIONS
90. The Applicant requests the Court to Order the Respondent State to bring
the Inter-ministerial Order of 22 July 2019 in compliance with international
human rights standards.
91. The Respondent State submits that the Court should declare the alleged
violations unfounded and consequently dismiss the Applicant’s request for
reparation.
***
92. Article 27(1) of the Protocol provides that: “If the Court finds that there has
been violation of a human or peoples’ right, it shall make appropriate Orders
to remedy the violation, including the payment of fair compensation”.
93. The Court notes that it has found that the inter-ministerial Order of 22 July
2019 violates the right to be presumed innocent and the right to nationality
protected by Article 7(1)(b) of the Charter, and Articles 5 of the Charter and
15 of the UDHR respectively.
94. Consequently, the Court orders the Respondent State to take all measures
to revoke the inter-ministerial Order of 22 July 2019.
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