Denaturalization Despite Statelessness: Federal Supreme Court Decides
The Federal Supreme Court has approved the denaturalization of a man accused of planning attacks. The court accepts that the man will become stateless as a result.
In a ruling dated February 2, 2023 (BGE 149 I 35, judgment 1C_428/2022), the Federal Supreme Court approved the denaturalization of a man, even though he faces statelessness after the revocation of his Swiss citizenship. The man allegedly planned serious attacks in Switzerland. This decision from Lausanne sets a precedent: for the first time, Switzerland's highest court confirms the revocation of citizenship, even if the individual concerned no longer possesses any nationality. Security circles consider the decision an important signal in the fight against terrorism.
The Case
The State Secretariat for Migration had revoked the accused's citizenship. The authority based its decision on intelligence from security services, which indicated that the man maintained ties to Islamist circles and had made concrete preparations for attacks. The accused appealed the decision. The lower court ruled in his favor, stating that denaturalization should not lead to statelessness. The Federal Supreme Court has now overturned this decision and referred the matter back for re-evaluation – with the clear directive that the revocation is lawful.
According to the court, the man holds only Swiss citizenship. His country of origin, whose nationality he once held, refuses his re-admission. Should the revocation become legally binding, the man would be stateless under international law. The Lausanne judges consciously accepted this consequence. They argue that the individual, through his own conduct, destroyed the basis for his citizenship.
Legal Basis
The revised Citizenship Act of 2018 permits the revocation of citizenship if a person abuses trust and endangers Switzerland's internal or external security. Article 42 requires an overall assessment of the act and its consequences. The law does not contain an explicit prohibition against rendering someone stateless. While the issue was discussed in the Federal Council's message of 2011, it was left unresolved. The text of the Citizenship Act, the accompanying Federal Council's message of 2011, and the full text of the Federal Supreme Court's judgment are available online.
The Federal Supreme Court has now clarified that security interests can outweigh the private interest in citizenship. Those who plan or commit serious crimes against the liberal-democratic fundamental order place themselves outside the legal order and thus destroy the basis of trust in the citizenship relationship. Statelessness caused by one's own actions must be accepted, provided the revocation remains proportionate. The judges also examined potential hardships for the individual, such as the loss of travel documents or social entitlements. They concluded that the danger posed by the man outweighs these disadvantages.
Criticism and Outlook
Critics of the decision refer to the United Nations Convention on the Reduction of Statelessness of 1961. Switzerland ratified this agreement in 1972, committing itself to avoiding statelessness whenever possible. The Convention does allow exceptions for serious state crimes, but critics argue these should be interpreted narrowly. The European Convention on Human Rights could also be violated, as the Strasbourg Court has repeatedly emphasized that denaturalizations must not be arbitrary and must be proportionate.
Supporters, however, argue that the fight against terrorism justifies tougher measures. In the United Kingdom, France, and other countries, extremists are increasingly denaturalized – sometimes with the risk of statelessness. Switzerland should not hold back in this regard. Furthermore, the individual concerned has avenues to appeal to the European Court of Human Rights. The case will further fuel the debate on security and fundamental rights. In parliament, it appears that the Citizenship Act might be clarified. For now, the Lausanne ruling sets the standard.
