Survey of Instances of Non-Compliance with Interim Measures Adopted under Rule 39 of the Rules of Court
| Published date | 01 June 2009 |
| Date | 01 June 2009 |
| DOI | 10.1177/203228440901a00108 |
| Subject Matter | Analysis & Opinions |
New Journal of Eur opean Crimina l Law – Special Edit ion 45
sURvey of InsTanCes of
non-CoMPlIanCe WITH InTeRIM
MeasURes aDoPTeD UnDeR
RUle 39 of THe RUles of CoURT
(N R
E C H R*)
1. BACKGROUND
In 20 08 the Eu ropean Court of Human Rights gra nted 747 requests for an interi m
measure under Rule 39 of t he Rules of Court.1 In comparison, 268 requests were
granted in the period 1988-1999 and 525 in the period 2000-2007. It follows that last
year saw a sharp increa se in such requests.
e Court has held t hat a Contracting State is in eect bound to comply with
interim measures under Rule 39 on the grounds that a failure to do so would undermine
the eectiveness of the r ight of individual application guaranteed by A rticle 34 of the
Convention and the State’s formal u ndertaking in Article 1 to protect t he rights and
freedoms set forth in t he Convention (Mamatkulov and Askarov v. Turkey (4.2.2005),
[GC], nos. 46827/99 and 46951/99, ECHR 2005-I, at §125).
e aim of this note is to describe those cases in which, subsequent to that
judgment, Governments have not respected the i nterim measures indicated by the
Court and to give an account of the reasons invoked by the Government for not doing
so.
* is note was prepared on the request of the editor-in-chief under the authorit y of the Registrar and
does not bind the Cou rt.
1 Rule 39 provides as follows:
“1. e Chamber or, where appropriate, it s President may, at t he request of a p arty or of any other
person concerned, or of its ow n mot ion, ind icate to the par ties any i nterim measure which it
considers should be adopted in the interests of the parties or of the proper conduct of the proceedings
before it.
2. Notice of these m easures shall be g iven to the Committe e of Ministers.
3. e C hamber may r equest information from the parties on any matter connecte d w ith t he
implementation of any i nterim measure it has i ndicated.”
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