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Article 3 of the European Convention on Human Rights

“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Rule 39, as an interim measure, has the power to require a State Party to refrain from removing an applicant to a country where he or she may be at real risk of a violation of his or her fundamental rights. This is of paramount importance in the context of those seeking asylum and fleeing persecution. As the President of the European Court of Human Rights has stated, “the application of Rule 39 has preserved the physical integrity, the liberty and even the lives of many people who by definition are vulnerable”, values which lie at the very core of the European Convention on Human Rights. [simplified version]

This report offers qualitative legal research on the current practice surrounding Rule 39 interim measures in the field of asylum and expulsion. It examines the experiences of lawyers in submitting Rule 39 requests and where appropriate, the European Court of Human Rights‟ response and the compliance of Member States of the Council of Europe to these measures. The rationale behind this research is firstly to explore the fact that an increasing number of Rule 39 requests are being submitted to the Court but only from a certain number of Council of Europe State Parties and secondly to gain a better understanding as to the application of Rule 39 of the Rules of the Court.

20 April 2012

As States representatives from all Council of Europe State Parties gather together in Brighton from 18-20 April 2012 to discuss possible reforms to the European Court of Human Rights, ECRE calls upon all Contracting Parties to focus primarily on effective national implementation of the Convention and the proper execution of the Court’s judgments by State Parties.

ECRE and ELENA’s new research report offers qualitative legal research on the current practice surrounding Rule 39 interim measures in the field of asylum and expulsion. It examines the experiences of lawyers in submitting Rule 39 requests and where appropriate, the European Court of Human Rights’ response and the compliance of Member States of the Council of Europe to these measures. Where appropriate, recommendations have been made to the organs of the Council of Europe, legal representatives and to Member States to improve the functioning of this essential legal tool and to ensure access to effective legal remedies within State Parties themselves.

read more –   here is the full report by ECRE and ELENA

UNHCR publishes a  Toolkit on How to Request Interim Measures under Rule 39 of the Rules of the European Court of Human Rights for Persons in Need of International Protection