This articles provides guidance on how to make a request for interim measures before the European Court of Human Rights.
When the Court receives an application, it may decide that a State should take certain measures provisionally while it continues its examination of the case.
This usually consists of requesting a State to refrain from doing something, such as not returning individuals to countries where it is alleged that they would face death or torture.
I. WHAT ARE INTERIM MEASURES?
The Court may, under Rule 39 of its Rules of Court, indicate interim measures to any State party to the Convention. Interim measures are urgent measures which, in accordance with the established practice of the Court, apply only where there is an imminent risk of irreparable damage.
Interim measures are applied only in limited situations. The most typical cases are ones in which there are fears of
- a threat to life (situation falling under Article 2 of the Convention); or
- ill-treatment prohibited by Article 3 of the Convention (prohibition of torture and inhuman or degrading treatment)
In highly exceptional cases, they can also be applied in respect of certain requests relating to the right to respect for private and family life (Article 8 of the Convention).
II. HOW AND WHEN TO REQUEST INTERIM MEASURES?
Every request is examined individually and the procedure is a written one.
Every request for interim measures is dealt with as a matter of priority, unless the request is manifestly intended as a delaying tactic.
Applicants are informed of the decisions of the Court regarding requests for interim measures by letter (sent by fax and by post).
III. NO APPEAL IN CASE OF A REFUSAL
No appeal lies against decisions refusing application of Rule 39.
IV. DURATION AND LIFTING OF ORDERS UNDER RULE 39
Interim measures may be indicated for the duration of the proceedings before the Court or for a more limited period of time.
An order under Rule 39 may be lifted at any time by a decision of the Court.
In particular, as an order under Rule 39 is linked to the proceedings before the Court the measure may be lifted if the application is not maintained.
V. DEPORTATION OF A PERSON TO A MEMBER STATE
Where a person whose request for an interim measure has been refused is deported to another member State, he or she can, if necessary, introduce a fresh request against that State under Rule 39 of the Rules of Court or an application under Article 34 of the Convention.
VI. EFFECTIVENESS OF INTERIM MEASURES
Whilst States almost always follow the Court’s indications concerning interim measures, it is not unknown for some of them to fail to act on the Court’s request. Those States are likely to be found by the Court to have failed to fulfil their obligations under Article 34 (right of individual application).
ABOUT THE AUTHOR: Chihaoui Zouhaier
Lawyer Chihaoui is the founder of the law firm "Just Rights", and is specialized in petitioning before the European Court of Human Rights and in particular in drafting applications to the European Court, submitting requests for referral to the Grand Chamber, and in litigating before the Grand Chamber.
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