42
e)
the effects of the annulment of the nationality title are similar to those
of the loss of nationality; the most important of those effects occurred on
August 1, 1997, when, based on the above-mentioned annulment, Judge
Percy Escobar granted the precautionary measures requested by the minority
shareholders (supra para. 76.s.3), thus violating other “rights embodied in
the American Convention: the right to property and the right to freedom of
expression”; and
f)
the penalty that Peru considered imposing on Mr. Ivcher Bronstein
arose from an “act of the State itself”, because the reason invoked for the
annulment of the nationality title was that the nationalization file, which it is
the State’s obligation to conserve, had not been found in the official archives;
the loss could not produce consequences for Mr. Ivcher Bronstein.
The State’s arguments
84.
Peru did not submit any argument on this point, because it did not appear
before the Court in the case sub judice (supra para. 78).
*
*
*
The considerations of the Court
85.
Article 20 of the American Convention establishes that:
1.
Every person has the right to a nationality.
2.
Every person has the right to the nationality of the State in whose territory he
was born, if he does not have the right to any other nationality.
3.
it.
No one shall be arbitrarily deprived of his nationality or of the right to change
86.
The right to nationality is recognized by international law.
considers that it is a right of the individual and has stated that
This Court
[n]ationality is an inherent right of all human beings. Not only is nationality the basic
requirement for the exercise of political rights, it also has an important bearing on the
individual’s legal capacity77.
87.
With regard to Article 20 of the Convention, the Court has established that
this includes two aspects:
[t]he right to a nationality provides the individual with a minimum measure of legal
protection in international relations, through the link his nationality establishes between
him and the State in question; and second, the protection therein accorded the
individual against the arbitrary deprivation of his nationality, without which he would be
deprived for all practical purposes of all his political rights as well as of those civil rights
that are tied to the nationality of the individual78.
77
Cf. Proposed Amendments to the Naturalization Provisions of the Constitution of Costa Rica.
Advisory Opinion OC-4/84 of January 19, 1984. Series A No. 4, para. 32.