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wfich are provided by law, are necessary to protect national security, public order (ordre public),
public health or morals or the rights and freedoms of others, and are consistent with the other rights
recognized in the present Covenant".
91.1n view
of the
aforesaid provisions, the Respondent State ought
to have
demonstrated that the revocation of the Applicants' passports was for the purposes
of the restrictions set out in Article 12(2)
o't
the Charter and Article 12(2) and (3) of
the ICCPR. The Respondent State has not provided any explanation regarding the
revocation of the Applicants' passports.
92.ln view of the foregoing, the Court finds that the Respondent State has arbitrarily
revoked the Applicants' passports.
ii.
Was the revocation of the Applicants' passports tantamount to arbitrary
deprivation of their nationality?
93. Having found that the revocation of the Applicants' passports was arbitrary, the Court
will now consider whether such revocation is tantamount to deprivation of their
nationality.
94.The Court observes that one is entitled to a passport of a specific country because
he or she is its national or meets the conditions provided for issuance of a passport
under the applicable law.
95.A passport is, first and foremost, a travel document required for travel outside one's
country, to return to the said country and to go to or leave a foreign country. lt is a
general principle that a passport is also an identification document in a foreign
country. A passport may also prove nationality, due to the presumption that, when
one carries a passport of a specific state, he or she is a national of that state and it
is incumbent upon the entity claiming otherwise to rebut this presumption.
96. Article 34 of the Law No. 0412011 of 2110312011 on lmmigration and Emigration in
Rwanda provides that Every Rwandan is entitled to a traveldocument. Accordin gto
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