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

324 | PRACTITIONERS GUIDE No. 6final, when the parties declare that they will not request referral to theGrand Chamber, or when three months have passed from the date ofthe judgment, without this referral being asked, or the Grand Chamberrejected the request of referral. 1427Just satisfaction: If the Court finds a violation, it will afford just satisfactionto the injured party. 1428 To make the award, the Court will needto receive from the applicant a specific claim of just satisfaction, andthe submission of items particular to the claim, together with any relevantsupporting document, within the time-limits set by the Presidentfor submission of the applicant’s observations on the merits. 1429Additionally, “[i]n certain particular situations, [. . .] the Court may findit useful to indicate to the respondent State the type of measures thatmight be taken in order to put an end to the—often systemic—situationthat gave rise to the finding of a violation [. . .]. Sometimes the natureof the violation found may be such as to leave no real choice as to themeasures required [. . .]”. 1430 In the case of Hirsi Jamaa and Othersv. Italy, since “the transfer of the applicants exposed them to the riskof being subjected to ill-treatment in Libya and of being arbitrarily repatriatedto Somalia and Eritrea”, 1431 the European Court ordered theItalian Government to “take all possible steps to obtains assurancesfrom the Libyan authorities that the applicants will not be subjected totreatment incompatible with Article 3 of the Convention or arbitrarilyrepatriated.” 1432Referral or relinquishment to the Grand Chamber: A Chambermay relinquish its jurisdiction to the Grand Chamber, composed of seventeenjudges, when the case before it “raises a serious question affectingthe interpretation of the Convention or the Protocols thereto, orwhere a resolution of a question before the Chamber might have a resultinconsistent with a judgment previously delivered by the Court”, 1433unless one of the parties to the case objects within one month fromthe relinquishment decision. 1434 Furthermore, any party may requestthe case to be referred to the Grand Chamber within three monthsfrom the Chamber’s judgment. The request will be examined by a fivejudge Panel appointed by the Grand Chamber, which will accept thecase only if it raises a serious question affecting the interpretation of1427 Article 44 ECHR.1428 Article 41 ECHR.1429 Rule 60, ECtHR Rules of Procedure.1430 Hirsi Jamaa and Others v. Italy, ECtHR, GC, op. cit., fn. 46, para. 209. The measures areordered under Article 46 ECHR.1431 Ibid. para. 211.1432 Ibid., para. 211.1433 Articles 30–31 ECHR.1434 See also, Rule 72, ECtHR Rules of Procedure.