Interim Measures - Texts

Rule 39¹

(Interim measures)

1. The Chamber or, where appropriate, its President may, at the request of a party or of any other person concerned, or of its own motion, indicate to the parties any interim 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 measures shall be given to the Committee of Ministers.

3. The Chamber may request information from the parties on any matter connected with the implementation of any interim measure it has indicated.

Practice Direction²

Requests for interim measures

(Rule 39 of the Rules of Court)

Applicants or their legal representatives³ who make a request for an interim measure pursuant to Rule 39 of the Rules of Court should comply with the requirements set out below.

Failure to do so may mean that the Court will not be in a position to examine such requests properly and in good time.

I. Accompanying information

Any request lodged with the Court must state reasons. The applicant must in particular specify in detail the grounds on which his or her particular fears are based and the nature of the alleged risks.

It is essential that requests be accompanied by all necessary supporting documents, in particular relevant domestic court, tribunal or other decisions, together with any other material which is considered to substantiate the applicant’s allegations.

Where the case is already pending before the Court, reference should be made to the application number allocated to it.

The applicant and/or his or her representative must indicate in their request a telephone number at which they can be contacted.

In cases concerning extradition or deportation, details should be provided of the expected date and time of the removal, the applicant’s address or place of detention and his or her official case-reference number. The Court must be notified of any change to those details (date and time of removal, address etc.) as soon as possible.

II. Requests to be made by facsimile or letter⁴

Requests for interim measures under Rule 39 should be sent by facsimile or by post. The request should, where possible, be in one of the official languages of the Contracting Parties. All requests should be marked as follows in bold on the face of the request:
 

“Rule 39 – Urgent
Person to contact (name and contact details): …

[In deportation or extradition cases]
Date and time of removal and destination: …”
 

These requests should be sent during the Court Registry’s working hours unless this is absolutely impossible.

III. Making requests in good time

Requests for interim measures should normally be received as soon as possible after the final domestic decision has been taken, in order to enable the Court and its Registry to have sufficient time to examine the matter.

Applicants and their representatives should be aware, however, that the Court cannot always examine in a timely and proper manner requests which are sent at the last moment, particularly when they are supported by a large number of documents. For that reason, where the final domestic decision is imminent and there is a risk of immediate enforcement, especially in extradition or deportation cases, applicants and their representatives should submit the request for interim measures without waiting for that decision, indicating clearly the date on which it will be taken and that the request is subject to the final domestic decision being negative.

1. As amended by the Court on 4 July 2005. (back)

2. Issued by the President of the Court in accordance with Rule 32 of the Rules of Court on 16 October 2009. (back)

3. Full contact details should be provided (back)

4. According to the degree of urgency and bearing in mind that requests by letter must not be sent by standard post.