001070 (1) "Every individual shall have the right to freedom of movement and residence ... (2) "Every individual shall have the right to leave any country, including his own, and to return to his country ..." 122. Similarly, Article 12 (1) of ICCPR provides that “Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence’. 123. The Court thus notes that the right to freedom of movement as enunciated under Article 12 of the Charter is guaranteed to “every individual” lawfully present within the territory of a State regardless of his national status, that is, regardless of whether or not he or she is a national of that State. According to Article 12 of the Charter and of ICCPR, this right “may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality”. 124. The Court underscores that nationals of a State, by virtue of their citizenship, are presumed nationals to be “lawfully in the territory” of that State. are concerned, “the question whether an However, alien as far as non- is “lawfully” within the territory of a State is a matter governed by domestic law, which may subject the entry of an alien to the territory of a State to restrictions, provided they are in compliance with the State’s international obligations”.29 125. The Court notes that Applicant is presumed Applicant in the State and case, it has already established that the to be a national of the Respondent State. Accordingly, the is considered Respondent instant to thus, have has been the lawfully present right to exercise in the his territory of the right to freedom of movement. 8 United Nations Human Rights Committee, General Comment No. 27: Article 12 (Freedom of Movement). See also Communication No. 456/1991, Celepli v. Sweden, § 9.2. 32