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


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

Interim measures are primarily urgent measures which require to be taken to stop irreparable damage. The applicant must be at imminent risk in accordance with the choices in the cases of Mamatkulov and Askarov v Turkey and Paladi v. Moldova.

Interim measures are only applied in limited instances for instances exactly where there is a threat to the applicants life in breach of Article 2 or where the applicant is at threat of being tortured in breach of Write-up 3. In some instances, applications based on a violation of Write-up eight can also be produced. Requests below Rule 39 that fall outdoors the Court’s scope will not be admitted and will be immediately rejected.

Requests under Rule 39 ought to be produced in good time and usually immediately right after exhausting domestic rights. Requests should be produced by e mail, facsimile or courier. All requests ought to be accompanied by the relevant supporting documentation.

When the application has been declared admissible, it will be regarded either by the Committee or Chamber. Exactly 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 normally written although the Chamber could determine to hold a public hearing.

Because 22 October 2010, the Court has applied Rule 39 against member States like the UK, the Netherlands and Sweden. The Court agreed that the security predicament in Central Iraq had deteriorated to such an extent that Rule 39 need to apply to all applicants getting faced with removal to Iraq. This selection was subject to a overview soon after one month.

The Court has now reviewed the existing situation with the aid of member Governments and the UNCHR. The Court has now announced that they will contemplate Rule39 applications based on the person merits of each application. Instances where Rule 39 had currently been applied will be reassessed.