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

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 321e) Interim MeasuresInterim measures can be issued by the human rights body to which thecase has been submitted, when they are desirable to avoid irreparabledamage to the victim of the alleged violation from the moment of thecommunication of the case until the reaching of a final decision. 1408 TheHuman Rights Committee 1409 and the Committee against Torture 1410have confirmed in their jurisprudence the binding nature of interimmeasures. Given the uniformity of the jurisprudence on this issue, otherbodies such as the CESCR, CERD and CEDAW, which have the powerto issue interim measures, are also likely to uphold their binding nature.2. European Court of Human RightsApplication: An application to the European Court of Human Rightsshould normally be made by completing and sending the application formthat can be found on the Court’s website, to be filled out in one of theofficial languages of the Court (English or French), together with copiesof any relevant documents and in particular the decisions, whether judicialor not, relating to the object of the application. 1411 It is also possibleto first introduce the complaint through a letter containing the subjectmatter of the application, including the Convention articles claimed tobe breached. 1412 This letter will stop the running of the six months timelimit (see, supra). In this case, or in the case of an incomplete applicationform, the Court will request the provision of additional informationwithin eight weeks from the date of the information’s request. 1413 Onreceipt of the first communication setting out the subject-matter of thecase, the Registry will open a file, whose number must be mentionedin all subsequent correspondence. Applicants will be informed of this byletter. They may also be asked for further information or documents. 1414Preparatory Stage: The President of the Court will assign the caseto a designated Chamber of the Court, which is composed of sevenjudges. 14151408 See, Rule 92, CCPR Rules of Procedure; Article 5.1 OP-ICESCR; Rule 114, CAT Rules of Procedure;Rule 94.3, CERD Rules of Procedure; Article 5.1 OP-CEDAW; Rule 63, CEDAW Rulesof Procedure.1409 See, fn. 1363.1410 See, fn. 1364.1411 Application form may be found at http://www.echr.coe.int/Documents/Application_Form_2014_1_ENG.pdf. See, Article 47.1, ECtHR Rules of Procedure.1412 Institution of Proceedings, Practice Direction, Issued by the President of the Court in accordancewith Rule 32 of the Rules of Court on 1 November 2003 and amended on 22 September2008 and on 24 June 2009, para. 3.1413 Ibid., para. 4.1414 Ibid., para. 7.1415 Rule 52.1, ECtHR Rules of Procedure.