The European Legal Network has published a report on the rule 39 interim measures in the practice of the European Court of Human Rights. Rule 39 as an interim measure has the power to require a State party to refrain from removing an applicant to a country where he or she may be at real risk of a violation of his or her fundamental rights. Although quantitative figures can be found in the Court’s annual report, the most recent report examines the experiences of lawyers who have submitted requests for interim measures. In addition, the ECtHR’s response and compliance of Member States of the Council of Europe are also examined.
The main findings of the research include “that there is a lack of effective national legal remedies in a number of Member States; the practice of accelerated procedures is placing persons at a risk of refoulement; the right to individual petition and access to the Court is being circumvented through a variety of obstacles at the national level; instances of non-compliance of Rule 39 indications are reported in a number of Member States which have led to persons being deported to countries where they are at risk of torture or other ill-treatment.”
Click here to see an article by the European Council on Refugees and Exiles.
Click here to read a functional analysis of ECtHR that was recently published.