European Court of Human Rights (ECHR)- rule 39 interim measures and deportation of failed Iraqi asylum seekers

European Court of Human Rights (ECHR)- rule 39 interim measures and deportation of failed Iraqi asylum seekers

Under Rule 39 of the Rules of Court, the Court may impose interim measures on any State party to the Convention (The European Convention on Human Rights). Any contracting State or individual claiming to be in violation of the Convention may apply to the Court for redress. For instance, failed asylum seekers who have exhausted all their appeal rights may be able to apply to the Court particularly those facing removal/deportation. Anyone can apply to the Court and need not be legally qualified.

Interim measures are essentially urgent measures which need to be taken to prevent irreparable damage. The applicant must be at imminent risk in accordance with the decisions in the cases of Mamatkulov and Askarov v Turkey and Paladi v. Moldova.

Interim measures are only applied in limited cases for instances where there is a threat to the applicants life in breach of Article 2 or where the applicant is at risk of being tortured in breach of Article 3. In some cases, applications based on a violation of Article 8 can also be made. Requests under Rule 39 that fall outside the Court's scope will not be admitted and will be immediately rejected.

Requests under Rule 39 should be made in good time and usually immediately after exhausting domestic rights. Requests should be made by email, facsimile or courier. All requests should be accompanied by the relevant supporting documentation.

Once the application has been declared admissible, it will be considered either by the Committee or Chamber. Where the application concerns a deportation or extradition matter, the Court can ask the State to suspend removal until consideration of the application. The initial stage is generally written although the Chamber may decide to hold a public hearing.

Since 22 October 2010, the Court has applied Rule 39 against member States including the UK, the Netherlands and Sweden. The Court agreed that the security situation in Central Iraq had deteriorated to such an extent that Rule 39 should apply to all applicants being faced with removal to Iraq. This decision was subject to a review after one month.

The Court has now reviewed the current situation with the aid of member Governments and the UNCHR. The Court has now announced that they will consider Rule39 applications based on the individual merits of each application. Cases where Rule 39 had already been applied will be reassessed.

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