Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

312 | PRACTITIONERS GUIDE No. 6• Other Grounds: complaints must be lodged in writing, relate toa provision of the Charter accepted by the State Party and indicatein what respect the State Party has not ensured the satisfactoryapplication of the provision. 1353Although it is not properly an admissibility ground, the European Courtof Human Rights has modified its Rule 47, with effect from 1 January2014, according to which, from now on, the Court will have the powerto refuse to examine an application that does not satisfy all the formalrequirements of this Rule. As noted above, the six months time limitof Article 35 ECHR will stop running from the moment of receipt of anapplication fully compliant with these formal requirements. 13543. Interim measuresInterim, precautionary or provisional measures are orders issued by theinternational mechanism in the preliminary phase of the internationaldispute in order to assure that a situation of potential violation does notlead to irreparable harm from before the case can be adjudicated on themerits. Interim or provisional measures are often indicated in situationsof expulsions, where the international body requests the State to staythe expulsion measure until a final decision is reached. Interim measuresmight also be prescribed for a situation of forced eviction, wherea stay of the eviction is ordered before the final ruling.Interim measures are a corollary of the right to international petitionand have therefore been held to be binding on the States which haveaccepted the international individual complaints mechanism. 1355They are an essential element of procedure before international tribunals,with particular significance for tribunals that adjudicate on humanrights, and are widely recognised as having binding legal effect.The binding nature of interim measures has its roots in both procedureand substance: it is necessary, first, to preserve the rights of the partiesfrom irreparable harm, protecting against any act or omission that1353 Article 4 AP-ESC.1354 See, Rule 47, ECtHR Rules of Procedure. Under Article 4 of the new Protocol No. 15 to theECHR, the time limit for applications to the Court is reduced to four months. The Protocol,approved on 24 June 2013, is not yet into force and requires the ratification of all ContractingParties to the ECHR.1355 See, LeGrand (Germany v. United States of America), ICJ, op. cit., fn. 837, at p. 503,para. 103; Zhakhongir Maksudov and Others v. Kyrgyzstan, CCPR, op. cit., fn. 324,paras. 10.1–10.3; Dar v. Norway, CAT, op. cit., fn. 1309, paras. 16.3–16.5; Brada v. France,CAT, Communication No. 195/2002, Views of 24 May 2005, para. 13.4; Pelit v. Azerbaijan,CAT, op. cit., fn. 339, para. 10.2; Tebourski v. France, CAT, op. cit., fn. 353, paras. 8.2–9;Singh Sogi v. Canada, CAT, op. cit., fn. 334, paras. 10.2–10.11; Shamayev and Others v.Georgia and Russia, ECtHR, op. cit., fn. 434, paras. 470–473; Mamatkulov and Askarov v.Turkey, ECtHR, op. cit., fn. 441, paras. 100–112; Al-Sadoon and Mufti v. United Kingdom,ECtHR, op. cit., fn. 439, paras. 160–161.