Factsheet Interim measures - European Court of Human Rights ...

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Factsheet - Interim measures Scope of interim measures In practice, interim measures are applied only in a limited number of areas and most concern expulsion and extradition. They usually consist in a suspension of the applicant’s expulsion or extradition for as long as the application is being examined. The most typical cases are those where, if the expulsion or extradition takes place, the applicants would fear for their lives (thus engaging Article 2 of the Convention) or would face ill-treatment prohibited by Article 3 (prohibition of torture or inhuman or degrading treatment). More exceptionally, such measures may be indicated in response to certain requests concerning the right to a fair hearing (Article 6 § 1) and the right to respect for private and family life (Article 8). In the Court’s case-law as it currently stands, Rule 39 is not applied in the following cases: to prevent the imminent demolition of property, imminent insolvency, the enforcement of an obligation to do military service, to obtain the release of an applicant who is in prison pending the Court’s decision as to the fairness of the proceedings, to ensure the holding of a referendum, or to prevent the dissolution of a political party. Risks incurred in the event of expulsion or extradition Asylum seekers This is the type of situation where the application of Rule 39 is the most frequently requested. Abdollahi v. Turkey (no. 23980/08) 03.11.2009 The applicant alleged that he was a member of the People's Mujahedin of Iran and that he would therefore face death or be subjected to ill-treatment if deported back to Iran (relying on Articles 2 and 3). The Court granted an interim measure to prevent his deportation pending further information. The application of Rule 39 was lifted after the Registry lost contact with the applicant. F.H. v. Sweden (no. 32621/06) 20.01.2009 The applicant belonged to the Christian minority in Iraq and alleged that he had been a Major in Saddam Hussein’s Republican Guard. Relying on Articles 2 and 3, he claimed that he would risk death or ill-treatment if returned to Iraq. The Court indicated an interim measure to prevent his deportation until his application had been examined. The application of Rule 39 was lifted when the Court’s judgment finding that there would be no violation of Articles 2 and 3 became final. Risk of being sentenced to death or to a whole life term of imprisonment Rule 39 has also been applied in a number of extradition cases where the applicant alleged that he risked being sentenced to death or to a whole life term of imprisonment. Nivette v. France (no. 44190/98) 03.07.2001 Rule 39 was applied in the case of a US citizen whom the USA wanted to have extradited on murder charges. The application of Rule 39 was lifted after the Court deemed sufficient the assurances obtained by the French Government from the US authorities to the effect that the applicant would not face the death penalty or whole life imprisonment. 2
Factsheet - Interim measures Babar Ahmad and Others v. the United Kingdom (nos. 24027/07, 11949/08, 36742/08, 66911/09 and 67354/09) 10.04.2012 Rule 39 was applied in particular in the case of Abu Hamza, a stateless imam whose extradition was sought by the USA so that he could stand trial for hostage-taking and terrorism-related activities. The applicant complained, among other things, that he risked being sentenced to life imprisonment without parole. The application of Rule 39 was lifted after the Court found, in its judgment on the merits, that such a sentence was not disproportionate to the seriousness of the offences in question. Risk of ill-treatment related to sexual orientation The indication of interim measures under Rule 39 has often been sought by nationals of countries where homosexuals and bisexuals are generally harassed and/or persecuted. For Rule 39 to be applied, the applicant must normally provide convincing evidence that he or she would face an individual and real risk of persecution on account of sexual orientation if returned to his or her country of origin. K.N. v. France (no. 47129/09) 19.06.2012 Having arrived in France from Greece, the applicant, a homosexual, alleged that he would be killed or ill-treated if returned to Iran. After joining this application to others, the Court found that the relevant asylum requests had been or were being examined by the French authorities and that, consequently, the applicants had not been and would not be returned to Greece or another country without having their asylum requests examined. Applicant accused of adultery Jabari v. Turkey (no. 40035/98) 11.07.2000 The applicant alleged that she risked ill-treatment (including lapidation) if she was deported to Iran, on the ground that she had committed adultery. Rule 39 was applied to prevent her deportation until her application had been examined. The Court found in its judgment that there would be a violation of Article 3 if the decision to deport the applicant to Iran was executed. Female applicant facing deportation alone to Afghanistan Hossein Kheel v. the Netherlands (no. 34583/08) 16.12.2008 The applicant, an Afghan national, faced being deported on her own to Afghanistan, without her husband and children, who were Dutch nationals. In the light of plentiful information on the vulnerable situation of single women in Afghanistan and the applicant’s observation that she had no male relative who could protect her, the Court decided to apply Rule 39 and to request the authorities not to deport her until her application had been examined by the Court. The measure was lifted after the Dutch Government granted her a resident’s permit. Risk of female genital mutilation Abraham Lunguli v. Sweden (no. 33692/02) 01.07.2003 Relying on Article 3 the applicant alleged that she risked genital mutilation if returned to Tanzania. Rule 39 was applied to prevent her expulsion until her application had been examined. The case was struck out after the applicant was granted indefinite leave to remain. 3
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