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312 PRACTITIONERS GUIDE No. 12
Human Rights Committee 796 and the Committee against
Torture. 797 Given the uniformity of the jurisprudence on this
issue, other bodies such as the CESCR, CERD and CEDAW,
which have the power to issue interim measures, are also likely
to uphold their binding nature.
The European Court has stated that, “whilst the formulation of
the interim measure is one of the elements to be taken into
account in the Court’s analysis of whether a State has complied
with its obligations to follow interim measures, the Court must
have regard not only to the letter but also to the spirit of the
interim measure indicated … and, indeed, to its very
purpose”. 798 In particular, the Court “cannot conceive … of
allowing the authorities to circumvent an interim measure such
as the one indicated in the present case by using another
domestic procedure for the applicant’s removal to the country
of destination or, even more alarmingly, by allowing him to be
arbitrarily removed to that country in a manifestly unlawful
manner.” 799
Interim measures can be issued by the human rights body
invested by the case from the moment of the communication of
796
Piandiong v. the Philippines, CCPR, Communication No. 869/1999,
Views of 19 October 2000, para. 5.1; Khalilov v. Tajikistan, CCPR,
Communication No. 973/2001, Views of 13 April 2005, para. 4.1;
Mansaraj and others v. Sierra Leone, CCPR, Communications nos.
839/98, 840/98 and 841/98, Views of 16 July 2001, para. 5.1; Ashby
v. Trinidad and Tobago, CCPR, Communication No. 580/1994, Views of
19 April 2002, para. 4.11.
797
Brada v. France, CAT, op. cit., fn. 1355; Pelit v. Azerbaijan, CAT,
op. cit., fn. 339; Dar v. Norway, CAT, op. cit., fn. 1309; Nuñez
Chipana v. Venezuela, CAT, Communication no.110/1998, Views of 16
December 1998, para. 8; T.P.S. v. Canada, CAT, Communication No.
999/1997, Views of 4 September 2000, para. 15.6.
798
Savriddin Dzhurayev v. Russia, ECtHR, op. cit., fn 1359,para. 216.
799
Ibid., para. 217