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

FEBRUARY 2025

RULE 39 TOOLKIT
UNH CR R ULE 39 TO O LK I T

This toolkit is aimed at informing legal practitioners

on how to submit a request for interim measures
under Rule 39 to the European Court of Human
Rights. It is not UNHCR’s role, nor that of its staff, to
request such measures.

This toolkit was prepared by UNHCR with the

assistance of experts, and members of the Registry of
the European Court of Human Rights kindly reviewed
it. It is not in any way binding on the Court.

Updated and published by the UNHCR

Representation to the European Institutions in
Strasbourg, February 2025.

Cover photograph:
Greece: Two young refugees from Afghanistan hold
hands in an informal camp adjacent to the Moria
reception and identification centre on Lesbos.
© UNHCR/Achilleas Zavallis

Contact
UNHCR Representation to the European Institutions
in Strasbourg
c/o Council of Europe
Agora Building
F-67075 Strasbourg Cedex
France

www.unhcr.org

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Contents

1. INTRODUCTION 4 8. RULE 39 REQUEST TIMING 15

2. RATIONALE OF RULE 39 5 8.1. Imminent risk  15
8.2. Domestic remedies with suspensive
3. SCOPE OF RULE 39 6
effect15
4. OVERVIEW OF RULE 39 INTERIM 8.3. Timing of the submission  15
MEASURES7 8.4. Working hours of the Court 15
4.1. Interim measures for applicants 8.5. Date and time of removal  15
seeking international protection 7
4.2. Interim measures in inter-State cases 8 9. PROCEDURE AND DECISION 16
9.1. Decision-making bodies in the Rule 39
5. RULE 39 APPLICANTS 8 procedure (taken from the Court’s
5.1. Can children apply? 8 Practice Direction) 16
5.2. Family applications 9 9.2. Requests outside the scope 16
5.3. Grouped requests 9 9.3. Unsubstantiated or incomplete
5.4. Representation 9 requests16
5.5. Power of attorney 9 9.4. Judicial decisions on interim measure
5.6. Issues in accessing applicants 9 requests17
9.5. Communication of decisions 18
9.6. Follow-up 18
6. RULE 39 REQUESTS 10 9.7. Further procedural decisions 18
6.1. The ECHR Rule 39 site 10
6.2. Grouped requests 10 10. WHAT HAPPENS AFTERWARDS 21
6.3. Requests sent by fax or post 11
6.4. Language 11 10.1. Interim measures were not indicated 21
6.5. Formalities 11 10.2. Interim measures were indicated 21
6.6. Contact details  11 10.3. Issues of compliance 21
10.4. Lifting of an interim measure 22
10.5. Article 35 § 2 (b) of the Convention and
7. SUBSTANTIATING RULE 39 Rule 39 of the Rules of Court 22
REQUESTS11
7.1. Who bears the burden of proof?  12 11. CHECK-LIST FOR MAKING A
7.2. What to prove?  12 REQUEST23
7.3. How much to prove?  12
7.4. How must the imminent risk of 12. Key ECtHR Rule 39 documents 24
irreparable harm be proven?  13
7.5. Credibility  14
7.6. What documents should be submitted? 14

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1. INTRODUCTION
The European Court of Human Rights, sitting in removal, or to ensure dignified reception conditions
Strasbourg (hereafter, “the Court”), is an international (see paragraph 4.1. below).
Court of the Council of Europe set up in 1959. It rules
Thanks to their speediness of action, interim
on individual or State applications alleging violations
measures are frequently relied upon by persons in
of the civil and political rights set out in the European
need of international protection to ensure respect of
Convention on Human Rights (hereafter, “the ECHR”).
their fundamental rights.
It is not to be confused with the Court of Justice of
the European Union, sitting in Luxembourg, nor the They are decided without prejudging any subsequent
International Court of Justice based in The Hague. decisions on the admissibility or merits of the case.
They are legally binding on the party to whom they
The European Convention on Human Rights is an
are addressed. The Court receives a high number of
international treaty under which the member States
incomplete and/or unsubstantiated requests for
of the Council of Europe promise to secure
interim measures. Between 2019 and 2023, 7,676
fundamental civil and political rights, not only to their
interim measures requests were submitted to the
own citizens but also to everyone within their
Court and only 2,745 of those were granted2. Almost
jurisdiction (Article 1 of the ECHR).
half (3,368) were found outside the scope3, thus, it is
Under Rule 39 of the Rules of Court1, the European of paramount importance that requests for interim
Court of Human Rights may indicate interim measures are complete and well-substantiated.
measures to the parties of the proceedings. These
Information concerning the correct use of interim
are urgent measures granted on an exceptional basis
measures is available on the Court’s website4, and is
when applicants would otherwise face an imminent
provided on the Court’s new Rule 39 site (see
risk of irreparable harm.
paragraphs 6.1 and following for more details)5.
For persons in need of international protection, Rule
The purpose of this “Rule 39 Toolkit” is to strengthen
39 interim measures may ensure the prevention of
the protection of persons seeking asylum, by
imminent irreparable harm.
providing legal practitioners with further practical
For example, interim measures have been issued by information about Rule 39 interim measures and
the Court to suspend or prevent their deportation or assisting them in preparing their requests under this
Rule.

1. The “Rules of Court” are rules of procedure issued by the Plenary Court under Art. 25 d) of the ECHR. This edition of the Rules
of Court incorporates amendments in respect of Rule 39 adopted on 23 February 2024 by the Plenary Court and entered into
force on 28 March 2024 and the Practice Direction on Requests for Interim Measures issued by the President of the Court
in accordance with Rule 32 of the Rules of Court. The latest version is available on the Court’s website at Rules of Court - 28
March 2024 (coe.int); Practice Direction: Practice Direction: Requests for interim measures (coe.int); practical information
document: How to contact the Court for an interim measure.
2. Statistics on Interim measures, available at https://www.echr.coe.int/Documents/Stats_art_39_01_ENG.pdf.
3. Ibid.
4. See the page dedicated to Applicants: https://www.echr.coe.int/Pages/home.aspx?p=applicants&c=#n1365511916164_pointer
(ENG/FR).
5. https://r39.echr.coe.int/.

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RULE 39 (extract from Rules of Court 28.03.2024) Section, the Chamber, the President of the Grand
Chamber, the Grand Chamber or the President of
1. The Court may, in exceptional circumstances,
the Court.
whether at the request of a party or of any other
person concerned, or of its own motion, indicate 3. Where it is considered appropriate, immediate
to the parties any interim measure which it notice of the measure adopted in a particular case
considers should be adopted. Such measures, may be given to the Committee of Ministers.
applicable in cases of imminent risk of irreparable
4. A duty judge appointed pursuant to paragraph 5
harm to a Convention right, which, on account of
of this Rule or, where appropriate, the President of
its nature, would not be susceptible to reparation,
the Section, the Chamber, the President of the
restoration or adequate compensation, may be
Grand Chamber, the Grand Chamber or the
adopted where necessary in the interests of the
President of the Court may request information
parties or the proper conduct of the proceedings.
from the parties on any matter connected with the
2. The Court’s power to decide on requests for implementation of any interim measure indicated.
interim measures shall be exercised by duty
5. The President of the Court shall appoint Vice-
judges appointed pursuant to paragraph 5 of this
Presidents of Sections as duty judges to decide
Rule or, where appropriate, the President of the
on requests for interim measures.

Human Rights of a decision by the authorities of a

host country to refuse international protection and
return them to their country of origin, where they fear
for their lives. In such a case, the Court may issue
interim measures to prevent the impending
deportation, thus ensuring that the applicants’ right to
2. RATIONALE OF RULE 39 life is not irremediably compromised before the Court
has had the opportunity to examine their claim.

What is the purpose of interim In line with their rationale, interim measures should in
measures? principle always be accompanied, or followed, by an
individual application on the merits of the case under
Under the Court’s case law, interim measures “play a Article 34 of the ECHR. An order under Rule 39 is
vital role in avoiding irreversible situations that linked to the proceedings before the Court. If such an
would prevent the Court from properly examining application is not submitted, the interim measure may
the application and, where appropriate, securing to be lifted (and thus lose its effects) and the application
the applicant the practical and effective benefit of may be struck out of the Court’s list of cases due to
the Convention rights asserted”6. In other words, the absence of intention to pursue the application
interim measures are instrumental to the examination (for more information see paragraph 10.4. below).
and application on the merits of the case and to an Where warranted, the Court may decide to declare
effective protection of the ECHR rights at stake. an application inadmissible at the same time as
rejecting a request for interim measures.
For example, applicants for international protection
may wish to complain to the European Court of

6. Rule 39§1. See also ECtHR, Mamatkulov and Askarov v. Türkiye , App. no. 46827/99 and 46951/99, Grand Chamber Judgment
of 4 February 2005, para 125.

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The Court’s case law and practice has demonstrated

that interim measures usually apply for the protection
of certain ECHR rights. Rule 39 is usually applied in
cases concerning the right to life (Article 2 of the
ECHR) and the right not to be subjected to torture or
inhuman or degrading treatment or punishment
3. SCOPE OF RULE 39 (Article 3 of the ECHR). In respect of applicants for
international protection, interim measures are very
What is the scope of protection of often applied to prevent expulsions entailing a risk
Rule 39? for life or exposure to ill-treatment. However, interim
Rule 39, which was newly codified in March 2024, measures may also be adopted to ensure that the
refers to the fact that interim measures are applicable basic needs of applicants for international protection
in cases of “imminent risk of irreparable harm to a are met, or that the reception conditions (including
Convention right”7. immigration detention) to which they are exposed are
respectful of human dignity9.
The notion of “irreparable harm to a Convention
right” has been defined as harm which, on account of Only exceptionally may interim measures be
its nature, would not be susceptible to reparation, indicated in response to certain requests concerning
restoration or adequate compensation. According to the right to a fair trial (Article 6 of the Convention)10,
the ECtHR Practice Direction: the term “restoration” the right to respect for private and family life (Article
should be understood as referring to return to the 8 of the Convention)11, and freedom of expression
situation before any harm was done. Interim (Article 10 of the Convention)12.
measures are thus indicated by the Court where
In the Court’s case-law as it currently stands, Rule 39
there is a risk that the absence of such measures
is not applied to protect property rights, to obtain the
would lead to a situation in which restitutio in
release of an applicant who is in prison pending the
integrum and other forms of reparation would not
Court’s decision as to the fairness of the
be possible if the Court were to consider them
proceedings, to ensure the holding of a referendum,
warranted at the end of the proceedings before it.
to prevent the dissolution of a political party; or to
The circumstances of a case must therefore exceed
freeze the adoption of constitutional amendments
a high threshold of seriousness for Rule 39 to be
affecting the term of office of members of the
engaged. Interim measures are indicated only
judiciary13.
where there is prima facie evidence of an imminent
risk of irreparable harm, and not where the
applicants would merely endure hardship in the
absence of interim measures8. Interim measures are applied only in limited
situations: the most typical cases are ones in
Imminency of an irreparable harm is a key
which there are fears of:
requirement which needs to be adequately detailed
and substantiated in any Rule 39 request. By way of ■ a threat to life (situation falling under Article
example, in a case concerning deportation of 2 of the Convention) or
applicants for international protection, it is necessary ■ Ill-treatment prohibited by Article 3 of the
to detail and substantiate the fact that the Convention (prohibition of torture and
deportation is impending and that, if carried out, inhuman or degrading treatment).
would cause irreparable harm (for more information
see paragraphs 7.1. and following).

7. Ibid., para 104.

8. ECtHR Practice Direction on Requests for Interim Measures, para 6.
9. On reception conditions see, for instance, ECtHR, Camara v. Belgium, App. no. 49255/22, Press Release 31.10.2022. On
detention, see for instance ECtHR, N.B. and others v. France, App. no. 49775/20, 31 March 2022, para 15. For further case law
references, see below para 4.1.
10. ECtHR, Wróbel v. Poland, App. no. 6904/22, Press Release of 8 February 2022; ECtHR, Öcalan v. Türkiye, App. no 46221/99,
Grand Chamber judgment of 12 May 2005.
11. ECtHR, Eskinazi and Chelouche V. Türkiye (dec), App. no. 14600/05, 6 December 2005.
12. ECtHR, ANO RID Novaya Gazeta and Others v. Russia, App. no. 11884/22, Press Release of 10 March 2022.
13. For more information, see the Court’s Factsheet on Interim Measures.

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the Court to indicate interim measures to the

applicants16. In cases concerning persons seeking
international protection, the Court has for instance
requested States to:

■ not return the applicants to a given country, and

4. OVERVIEW OF RULE 39 allow their lawyers to make necessary contact
with them17;
INTERIM MEASURES ■ provide the applicants with first-aid assistance
(food, water, clothing, adequate medical care) and
temporary shelter if possible, and ensure
What kind of measures can the adequate legal assistance (e.g., legal
Court indicate? guardianship) to the unaccompanied children
among them18;
Rule 39 allows the Court’s judges to issue “any
■ provide the applicants with accommodation and
interim measure which they consider should be
material assistance to meet their basic needs for
adopted in the interests of the parties or of the
the duration of the proceedings before the
proper conduct of the proceedings”. Interim
Court19;
measures indicated by the Court may require the
■ not expel the applicants until further notice,
parties to refrain from undertaking certain actions or
pending the outcome of the proceedings before
direct them to take specific measures14. While there is
the Court, or for a certain period of time20;
no public database of interim measure decisions,
■ grant to an applicant already within the jurisdiction
information as to their possible content can be
of the state leave to disembark and have access
derived from the Court’s case law and press releases
to the territory, access to a lawyer and the
issued by the Registry, and the practical experience
opportunity to lodge an asylum application21;
shared by lawyers or NGOs15.
■ put an end to the administrative detention of a
family of asylum-seekers including a child22;
4.1. Interim measures for applicants ■ transfer an applicant whose minor age is
seeking international protection contested under an age-assessment procedure
In the context of individual applications (Article 34 of deprived of procedural guarantees, to facilities
the ECHR), interim measures are mostly indicated to where his reception conditions as unaccompanied
the respondent State, although it is also possible for child can be ensured, in line with the presumption
of minority23.

14. Practice Direction, para 5.

15. The Court’s case law is available in the HUDOC database (https://hudoc.echr.coe.int/eng), which also includes a collection of
Press Releases from the Registry (https://hudoc.echr.coe.int/eng-press), whereby advanced search can be conducted using
several parameters, including by selecting “Interim Measures” under “Document type” in the left part of the screen (https://
hudoc.echr.coe.int/eng-press#{%22documentcollectionid%22:[%22R39%22]}).
16. Interim measures may also be indicated to individuals: see e.g. ECtHR, Ilaşcu and Others v. Moldova and Russia [GC], App.
No. 48787/99, Judgment of 8 July 2004, para 11, where the Court decided to urge one of the applicants to call off his hunger
strike.
17. ECtHR, R.A. and Others v. Poland, App. no. 42120/21, Press Release of 28.09.2021.
18. ECtHR, R.A. and Others v. Poland, App. no. 42120/21 and ECtHR, H.M.M. and Others v. Latvia App. no. 42165/21, Press Release
25.08.2021 , and “ECHR grants an interim measure in case concerning the SeaWatch 3 vessel”, Press Release ECHR 043
(2019) of 29.01.2019.
19. ECtHR, Camara v. Belgium, App. no. 49255/22, Press Release 31.10.2022.
20. ECtHR, O.M. and D.S. v. Ukraine App. no. 18603/12, 15 September 2022, para 43.
21. ECtHR, Kebe and others v. Ukraine, App no. 12552/12, 12 January 2017, paras 24-25.
22. ECtHR, N.B. and others v. France , App. no. 49775/20, 31 March 2022, para 15.
23. ECtHR, Darboe and Camara v. Italy, App. no. 5797/17, 21 July 2022, paras 30-41.

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Furthermore, in two very exceptional cases, the Court

has also requested States to:

■ not remove the applicants from the State territory

until the expiry of a given period following the
delivery of the final domestic decision in the
ongoing judicial review proceedings24; 5. RULE 39 APPLICANTS
■ receive and register the applicant’s asylum
application and forward it for examination to the
competent authorities25. Who can submit a Rule 39 request?
Request for interim measures can be submitted by
4.2. Interim measures in inter-State cases
any person facing an imminent risk of irreparable
Not necessarily related to the protection of asylum- harm to a right that, according to the Court’s practice,
seekers, interim measures may also be indicated in can be protected under Rule 39. Persons wishing to
inter-State cases (Article 33 of the ECHR). For submit an interim measure request should either
example, the Court has indicated several interim have a pending case before the Court or intend to
measures to both Azerbaijan and Armenia in the subsequently lodge an individual application under
pending inter-State cases concerning the conflict Article 34 of the ECHR.
between the two countries in and around Nagorno-
Applicants can submit requests for interim measures
Karabakh26. The interim measures included an
regardless of their nationality or lack thereof,
indication to both states to “refrain from taking any
provided they are under the jurisdiction of one of the
measures, in particular military actions, which
States Parties to the ECHR (within the meaning of
might entail breaches of the Convention rights of
Article 1 of the ECHR)29. It is not necessary to be
the civilian population, including putting their life
represented by a lawyer to lodge a request for
and health at risk, and to comply with their
interim measures (see below), although the support
engagements under the Convention, notably in
of a lawyer can help ensuring that all the necessary
respect of Article 2 (right to life) and Article 3
conditions are complied with.
(prohibition of torture and inhuman or degrading
treatment or punishment) of the Convention”27, and
in 2022, an indication to the Government of 5.1. Can children apply?
Azerbaijan, “to take all measures that are within Children, including those who are unaccompanied or
their jurisdiction to ensure safe passage through separated from their parents or guardians by law or
the “Lachin Corridor” of seriously ill persons in custom, can apply to the Court. As with any other
need of medical treatment in Armenia and others applicant, at this stage of the proceedings, children
who were stranded on the road without shelter or do not need legal representation. Furthermore, to
means of subsistence”28. apply to the Court children do not need the
intermediary of their guardian or parents (but the
legal guardian or parent can introduce the request in
a child’s interest).

24. ECtHR, N.S.K. v. the United Kingdom, App. no. 28774/22, Press Release of 14.6.22.
25. ECtHR, M.K. and others v. Poland App. no. 40503/17 42902/17 43643/17, 23 July 2020, para 21.
26. ECtHR, Armenia v. Azerbaijan App. no 42521/20 and Azerbaijan v. Armenia App. no 47319/20, Press Releases 04.11.2020 and
16.12.2020.
27. ECtHR, Armenia v. Azerbaijan App. no 42521/20 Press Release 30.09.2020.
28. ECtHR, Armenia v. Azerbaijan (no. 4), App. no. 15389/22, Press Release 21.12.2022.
29. Only very exceptionally the Court has indicated interim measures in favour of applicants for international protection who
were not yet within a State’s jurisdiction. In the case ECtHR, M.K. and others v. Poland App. no. 40503/17 42902/17 43643/17,
23 July 2020, quite exceptionally the Court imposed to the Polish authorities that, if the applicant presented himself to a
border checkpoint, he should be allowed to apply for asylum and not returned to the neighbouring country (see para 21 of
the judgment). In the cases R.A. and Others v. Poland, App. no. 42120/21 and ECtHR, H.M.M. and Others v. Latvia App. no.
42165/21, Press Release 25.08.2021, the interim measure imposed only the provision of food, water, clothing, adequate
medical care and, if possible, temporary shelter, to the applicants outside State territory, without imposing that they be allowed
access to it.

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5.2. Family applications 5.5. Power of attorney

When a whole family faces an imminent risk of If a request for interim measures is submitted through
irreparable harm, family members can apply together a representative, copy of a written authority form
or individually. bearing the applicants’ signature should be
provided31. If there are objective obstacles in
5.3. Grouped requests obtaining the applicants’ signature on an authority
form, the representative should explain the situation
Requests for interim measures may be submitted to the Court and in any case always submit evidence
jointly by a group of persons facing the same factual of existing contact with the applicants and their
situation (e.g., an impending removal from territory; willingness to be represented32. In the absence of
land and sea summary returns, or “pushback” such evidence, the request may be rejected. The
situations; lack of adequate reception conditions; representative should also submit an authority form
etc.). A request submitted jointly by multiple as soon as physical access to the applicants is
applicants needs to provide all the necessary possible.
information, accompanied by relevant evidence, for
each individual applicant (see paragraphs 6.5. and
6.6).

5.4. Representation 5.6. Issues in accessing applicants

In all proceedings before the Court, the need to be In certain circumstances it may be difficult or
represented by “an advocate authorised to practise even impossible for the applicants to
in any of the Contracting Parties and resident in the communicate with their representative and
territory of one of them, or any other person vice versa (e.g., when applicants are detained,
approved by the President of the Chamber” arises or stranded in borders areas). In these cases,
only following notification of the application to the the Rule 39 request should refer to the
respondent Contracting Party30. Therefore, at this obstacles and ask the Court to invite the
stage of the procedure there is no absolute need for defending State to facilitate communication
applicants to be represented by a fully qualified between the applicants and their
lawyer when introducing a request for interim representative. The Court has already
measures (unless this is done in the context of a intervened to indicate that contacts should be
pending case which has already been notified to the ensured between representatives and
respondent State). Their representative can be a applicants for international protection stranded
lawyer, a family member, friend, NGO, or other in inaccessible border areas33.
person. Persons seeking international protection
frequently submit Rule 39 requests with the
assistance of NGOs or lawyers.

30. See Rule 36 of the Rules of Court.

31. The format provided by the Court can be used (https://www.echr.coe.int/Documents/Authority_Form_ENG.pdf). However, in
the context of interim measures, other formats are also acceptable.
32. The evidence may consist of copies of messages exchanged with the applicants on a mobile application (WhatsApp) can be
sufficient to meet the Court’s requirements that the legal representative had a written power of attorney or authority to act
and to lodge the application: ECtHR, J.R. and others v. Greece, App. no. 22696/16, 25 January 2018, paras 72-74. See also
UNHCR press release concerning the case: A Mobile Messaging App facilitates access to justice | UNHCR Blog.
33. ECtHR, R.A. and Others v. Poland, App. no. 42120/21, Press Release of 28.09.2021. See also above, paragraph 4.1.

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The document “Practice Direction”35 contains a

section III. on “Practical Information regarding
interim measures”, available on the Court’s
website, which provides practical details on how
to lodge a request via the ECtHR Rule 39 Site36.

6. RULE 39 REQUESTS After submitting a request, it will appear as

“submitted” in the system. Further information or
documents can be submitted via the ECHR Rule 39
How should a Rule 39 request be Site only if requested to do so by the Court. If it is
necessary to provide to the Court an update about a
submitted?
pending request, it is still possible to do so by fax or
Requests for interim measures can only be submitted post. Once the Court has decided on a request, it
via the ECHR Rule 39 Site, by fax, or by post. The appears as “closed” in the system and remains
Court does not deal with requests sent by email. available for 3 months.
Practical information on how to submit interim
measures requests is provided on the Court’s
website, in the page dedicated to the applicants34.

6.1. The ECHR Rule 39 site 6.2. Grouped requests

The ECHR Rule 39 Site (https://r39.echr.coe.int), If there are several applicants, you must use
launched in 2022, is available to all users. An ECHR the “Add/Edit other Applicants” button, and
Services account is required to use the site. To create then fill in the necessary details in respect of
an account, it is necessary to provide an email each applicant.
address, and to have downloaded an Authenticator
App (available for several platforms, e.g., via the
Apple or Google App Stores).

Once an account has been created, requests for

interim measures can be submitted electronically. To
submit requests, it is mandatory to:

1. fill in the field “Title of the request”. Here, the

purpose of the request should be briefly provided
(e.g., “prevention of impending expulsion”);

2. fill in all the fields related to the applicants (name,

current address, date of birth and nationality), the
Representative (name and contact details) and the
State concerned;

3. submit at least one attachment. Attachments will

usually be more than one, consisting of the
request for interim measures and all related
evidence. All attachments must be in PDF format.

34. https://www.echr.coe.int/Pages/home.aspx?p=applicants&c=#n1365511916164_pointer (ENG/FR).

35. Practice direction issued by the President of the Court in accordance with Rule 32 of the Rules of Court on 5 March 2003 and
revised on 16 October 2009, 7 July 2011, 3 May 2022 and 28 March 2024: Practice Direction: Requests for interim measures
(coe.int).
36. Section III. of the “Practice Direction” also provides details on how to lodge a request via fax or by post.

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6.3. Requests sent by fax or post lodging individual applications, available in several
languages on the Court’s website38. If the request for
The dedicated fax numbers for sending interim interim measures is submitted in the context of an
measures requests are: +33 3 90 21 43 50 and +33 3 individual application under Article 34 of the ECHR,
88 41 39 00. The Court recommends that any faxes then the use of the Application Form is mandatory.
exceeding 10 pages be sent in several parts so that
they can be received and processed in the best
possible conditions.
6.6. Contact details
While a Rule 39 request is pending before the Court,
Requests sent via post are to be addressed to:
UNHCR recommends that applicants or their
European Court of Human Rights, Council of Europe,
representatives remain as available as possible. For
67075 STRASBOURG CEDEX, FRANCE.
this purpose:

6.4. Language ■ an email address, a phone number, ideally a

mobile, should be provided so the Court can
Requests should, where possible, be in one of the reach the Applicant/representative as quickly as
official languages of the Contracting States. However, possible should a request lack information;
as the Court’s official languages are English and ■ this phone number should be legible and written
French, their use should be favoured to expedite the on the cover page of the request.
treatment of the case if the applicants (or their
representative) are equally comfortable with using
them in communications with the Court.

6.5. Formalities
When submitting Rule 39 requests through the ECHR
Rule 39 site, applicants must respect the formalities
imposed by the system (see paragraph 6.1.). For
requests submitted via fax or post there is no specific 7. SUBSTANTIATING RULE 39
form, so nothing prevents applicants from submitting REQUESTS
them on blank paper. However, applicants must still
respect the Court’s instructions, available both on the
Court’s website37, and on the ECHR Rule 39 site. What should be proven and how?
Notably, to facilitate the Court’s work, it is in any case While requests for interim measures are often lodged
recommended to present the facts of the case before under difficult circumstances, including time
separately developing legal arguments. constraints, they must be appropriately substantiated,
otherwise they will not be examined by the Court.
Furthermore, requests sent by fax or post should be
There are no established or specific principles in
marked as follows in bold on the face of the request:
terms of which standard and burden of proof shall be
“Rule 39 – Urgent applied in the Rule 39 context, although several basic
principles emerge from the Court’s practice.
Person to contact (name and contact details): …”
As underlined in the Court’s Practice Direction, the
In expulsion or extradition cases, the following should
circumstances of a case must exceed a high
also be specified:
threshold of seriousness for Rule 39 to be engaged.
“Scheduled date and time of removal and “Interim measures are indicated only where there is
destination: …” prima facie evidence of an imminent risk of
irreparable harm, and not where the applicants would
To ensure compliance with the Court’s requirements,
applicants may use the official Application Form for

37. The Court’s instructions to submit a Rule 39 request are available at: https://www.echr.coe.int/documents/d/echr/im-
procedure-eng.
38. The general Application Form is available at: https://www.echr.coe.int/Pages/home.aspx?p=applicants/forms&c=.

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UNH CR R ULE 39 TO O LK I T

merely endure hardship in the absence of interim 7.2. What to prove?

measures39.”
In requests for interim measures, applicants must
As a general rule, it is essential that applicants submit plausibly assert the occurrence of a risk of
all available information and documents concerning irreparable harm to the enjoyment of one of the core
the relevant domestic proceedings (including the rights under the ECHR43. The risk plausibly asserted
decisions adopted by national courts, tribunals, or must be an individualised one: the Court’s case law in
other authorities in their case) and provide reasons deportation cases has clarified that “[a]s a general
for challenging the outcome of those proceedings. In rule, an asylum-seeker cannot be seen as having
expulsion/extradition cases, applicants should submit discharged the burden of proof until he or she
all documents concerning the expulsion/extradition provides a substantiated account of an individual,
proceedings and the asylum proceedings and and thus a real, risk of ill-treatment upon
explain in detail the reasons for challenging their deportation that is capable of distinguishing his or
outcome. her situation from the general perils in the country
of destination”44.
This is particularly relevant because of the well-
established principle that “where domestic By way of example, an individualised risk can be the
proceedings have taken place, it is not the Court’s applicants’ fear of being persecuted in their country
task to substitute its own assessment of the facts of origin because of political, ethnic or religious
for that of the domestic courts and, as a general reasons45. Such an individualised risk must be
rule, it is for those courts to assess the evidence plausibly asserted, for instance by submitting
before them (..). As a general principle, the national evidence demonstrating that the applicants are
authorities are best placed to assess not just the members of a religious or ethnic minority known for
facts but, more particularly, the credibility of being persecuted in the country of origin, or that they
witnesses since it is they who have had an have expressed political views that give rise to
opportunity to see, hear and assess the demeanor persecution in that country.
of the individual concerned”40.
In contrast, a generalised risk does not always suffice
to ground a request for interim measures. A
7.1. Who bears the burden of proof? generalised risk may be the applicants’ exposure to a
Under the Court’s case law, the assessment of situation of general insecurity in the country of origin,
evidence in Convention proceedings is habitually which however does not entail a concrete and direct
guided by the principle affirmanti incumbit threat to the applicants’ personal safety.
probatio (the burden of proof lies upon the party who
affirms)41. Accordingly, in cases concerning expulsion 7.3. How much to prove?
from territory, “[i]t is in principle for the applicant to
adduce evidence capable of proving that there are Rule 39 requests for interim measures are not
substantial grounds for believing that, if the expected to meet the standard of proof applied to an
measure complained of were to be implemented, individual application under Article 34 of the ECHR.
he would be exposed to a real risk of being Due to the short timeframes involved, it would be
subjected to treatment contrary to Article 3”42. difficult for Rule 39 requests to do so. Furthermore,
when an interim measure is indicated, it is not for the
Court to analyse the case in depth – and indeed it
will often not have all of the information it needs to
do so46. Nonetheless, when requesting an interim
measure, applicants should prove, to the extent

39. Practice direction.

40. ECtHR, F.G. v. Sweden [GC], App. no. 43611/11, 23 March 2016, para 118 and case law cited therein.
41. ECtHR, Fadeyeva v. Russia , App. no. 55723/00, 9 June 2005, para 79.
42. ECtHR, Saadi v. Italy [GC] , App. no. 37201/06, 28 February 2008, para 129.
43. ECtHR, Paladi v. Moldova [GC], App. no. 39806/05, 10 March 2009, para 89.
44. ECtHR, J K and others v Sweden [GC], App. no. 59166/12, 23 August 2016, para 94.
45. ECtHR, F.H. v. Sweden, App. no. 32621/06, 20 January 2009.
46. ECtHR, M.S.S. v. Belgium and Greece [GC], App. no. 30696/09 21 January 2011, para 355.

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possible, that there are substantial grounds for proceedings are governed by the principle of the
believing that in the absence of the measure they free admission and assessment of evidence49, so
would face an imminent risk of irreparable harm to applicants can rely on a variety of forms of evidence
their Convention rights. (e.g., recent medical reports, photographs,
documents demonstrating the applicant’s
vulnerability, press articles or reports concerning the
The Court has stated that “it follows from the applicant’s situation, etc.).
very nature of interim measures that a
decision on whether they should be indicated While the Court will primarily rely on the current and
in a given case will often have to be made future situation of the applicant in order to determine
within a very short lapse of time (…). the existence of a risk, past information, including the
Consequently, the full facts of the case will applicant’s previous experiences, may also be
often remain undetermined until the Court’s relevant. By way of example, applicants for
judgment on the merits (…). It is precisely for international protection fearing a risk to life in their
the purpose of preserving the Court’s ability country of origin can submit evidence of past ill-
to render such a judgment (…) that such treatment to substantiate the existence of such risk.
measures are indicated. Until that time, it Individual applications under Article 34 of the ECHR
may be unavoidable for the Court to indicate as well as requests for Rule 39 interim measures
interim measures on the basis of facts which, should thus combine elements of the applicant’s
despite making a prima facie case in favour previous experiences together with updated personal
of such measures, are subsequently added to (and, if relevant, family) information.
or challenged to the point of calling into
While applicants should always plausibly assert the
question the measures’ justification”47.
existence of an individualised risk (see above,
paragraph 7.2.), such risk may well be inferred from a
well-known general situation. For instance, applicants
7.4. How must the imminent risk of for international protection who fear persecution by
irreparable harm be proven? reason of their sexual orientation or gender identity
might refer to reliable documentation attesting that in
Applicants must specify in detail the grounds on
their country-of-origin LGBTIQ+ people are
which their fears are based and the nature of the
persecuted and routinely exposed to violence.
alleged risks they face. Their description of the
events should be as detailed as possible: a mere To sum up, while requests for Rule 39 interim
reference to submissions in other documents or measures should predominately focus on the
domestic proceedings is not sufficient. applicant’s personal situation, general information
can also be submitted in support of claims, including
Applicants must also provide all available
relevant and recent UNHCR documentation50 and
documentary evidence to substantiate their alleged
information from external sources (e.g., from
risks: the mere expression of their fear is rarely
reputable NGOs, the UN and national agencies).
considered as sufficient evidence48. The Court’s

47. Ibid., para 355.

48. The Court’s case law on Article 3 of the ECHR shows that the mere expression of a fear of persecution upon return does not
in itself amount to a “real risk”. When considering whether an alleged risk of irreparable harm is real, the Court takes into
account a combination of facts and circumstances including the credibility of the facts presented by the applicant, the general
situation in the country and, where relevant, UNHCR’s position and relevant reports.
49. ECtHR, Nachova and others v. Bulgaria [GC], App. nos. 43577/98 and 43579/98, 6 July 2005, para 147.
50. This may include documents relevant to the individual like the UNHCR refugee certificate, country of origin information,
guidance notes and positions on returns.

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UNH CR R ULE 39 TO O LK I T

7.5. Credibility
In conducting the credibility assessment of the 7.6. What documents should be
applicant’s account of the events, the Court will submitted?
examine whether the allegations and information
provided in the request for Rule 39 interim measures Requests MUST be accompanied by all
are consistent with those provided in the individual necessary supporting documents. The Court
application under Article 34 of the ECHR. will not necessarily contact applicants whose
Consequently, it is important that the allegations and requests for interim measures are incomplete,
information submitted in both are consistent. In this nor will it examine incomplete requests.
regard, and in parallel with the pursuit of interim Documents to be submitted include:
measures, it is extremely important to substantiate
asylum claims at the domestic level from the ■ documentary evidence to prove the
beginning of the national procedure51. The Court will applicants’ fears and alleged risks (e.g.,
rarely be convinced by later submissions that could recent medical reports, photographs,
have been submitted earlier in the process. The early documents demonstrating the applicant’s
submission of all relevant documentation, together vulnerability, press articles or reports
with the initial claim, may help to persuade the Court concerning the applicant’s situation, etc.);
of the applicant’s good faith and the overall credibility ■ documents of the domestic proceedings in
of the claim. the Contracting State (e.g., for persons
seeking international protection,
documents concerning their asylum
“I—) requests for interim measures should be request and related asylum proceedings,
individuated, fully reasoned, be sent with all such as copies of national authorities’
relevant documentation including the decisions, judicial decisions, petitions
decisions of the national authorities and submitted to the national authorities and
courts, and be sent in good time before the courts, etc.);
expected date of removal. (...) It must be ■ in cases of removal/expulsion/extradition,
emphasized that failure to comply with the all relevant documents (e.g., official
conditions set out in the Practice Direction may notification of the removal date, search
lead to such cases not being accepted for warrants, arrest warrants, criminal
examination by the Court.” convictions, press articles or reports
— STATEMENT ISSUED BY THE PRESIDENT concerning the applicant, country reports
OF THE COURT CONCERNING REQUESTS etc.).
FOR INTERIM MEASURES, 11 FEBRUARY 2011.
Other material which is considered to
substantiate the applicant’s allegations should
also be included, for example:

■ documents from NGOs/UN agencies;

■ pertinent press releases;
■ news or academic articles.

All documents submitted must be:

■ in their full version;

■ in their original language (provided this is
one of the official languages of the State
parties to the ECHR);
■ photocopies (the Court will not return the
documents to the applicants).

51. ECtHR, Nasimi v. Sweden , App. No. 38865/02, Decision of 16 March 2004.

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context of interim measure requests, particular

attention should be paid to the available remedies
and their effectiveness52.

8.3. Timing of the submission

8. RULE 39 REQUEST TIMING Rule 39 requests should be submitted in sufficient
time to provide the Court with at least one working
day to deal with them. In deportation/removal cases,
When should a Rule 39 request be this means at least one working day before the date
submitted? of the expected deportation/removal53.

8.1. Imminent risk If the Court is facing many Rule 39 requests, there is
no guarantee that requests will be examined speedily,
In general, requests for interim measures under Rule although the Court will do its best to deal with
39 should be made as soon as an imminent risk of meritorious cases which arrive late where no fault
harm to relevant ECHR right(s) exists. For example, in attaches to the applicants for failing to apply in time.
deportation/removal cases, the request should be
made as soon as an imminent risk of removal exists. 8.4. Working hours of the Court
If the date of the removal is known, then the request
should be submitted ideally at least one working day Interim measure requests are received by the
before the scheduled time of removal. If the date of Registry staff from Monday to Friday from 8 a.m. to 4
the removal is unknown, and discovered shortly p.m. (Strasbourg Local time: GMT+1). Requests
beforehand, this should be clearly stated and received after 4 p.m. will not normally be dealt with
explained in the request. on that day. Requests received during weekends and
French public holidays are not dealt with on those
Where a final domestic decision has not been days but are processed during the next working day.
adopted yet, but its adoption is imminent and there is During the Christmas holidays period, the Court’s
a risk of immediate enforcement, the request for registry maintains a stand-by system to deal with any
interim measures should be submitted without urgent Rule 39 request, but the system is not
waiting for that decision, clearly indicating the date operational on 25 and 26 December and 1 January.
on which it will be taken and that the request is The list of public and other holidays to which the
subject to the final domestic decision being negative. Court’s conforms is available on the Court’s website54.

8.2. Domestic remedies with suspensive 8.5. Date and time of removal
effect
In cases concerning deportation/removal from
Applicants in expulsion or extradition cases should territory, applicants should in all cases indicate the
pursue domestic remedies which are capable of date and time of their expected removal since this
suspending removal, before applying to the Court for element is directly relevant to the determination of
interim measures. Where it remains open to an the imminent nature of the risk. If applicants are not
applicant to pursue domestic remedies which have able to provide this information, it should be
suspensive effect, the Court will not apply Rule 39 to expressly noted and explained in their Rule 39
prevent the removal. request for interim measures. Applicants should keep
It is important to keep in mind that the Court is the Court informed of any further developments and,
intended to be subsidiary to the national systems where relevant, explain why they consider their
safeguarding human rights. Therefore, even in the expulsion to be imminent.

52. This requirement should not be confused with the formal obligation to exhaust domestic remedies before sending the
individual application under Article 34 of the ECHR to the Court, referred to in Article 35 para 1 of the ECHR, although the two
may overlap in practice.
53. The list of public and other holidays when the Court’s Registry is closed can be consulted on the Court’s Internet site: www.
echr.coe.int/contact.
54. At the page Contact Information: https://www.echr.coe.int/Pages/home.aspx?p=contact&c=.

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UNH CR R ULE 39 TO O LK I T

apply Rule 39 with a view, inter alia, to facilitating the

subsequent examination of the request for an interim
measure by such a body. The examination of a
request by a collegiate body is a decision which lies
with the Court itself. Requests for interim measures
lodged in inter-State applications, individual
9. PROCEDURE AND DECISION applications pending before the Grand Chamber and
communicated individual applications already
assigned to Sections are, in principle, examined by
How is the request examined? the President of the Court, the President of the Grand
Once the request has been submitted, it will be Chamber or Section Presidents. The possibility of
considered as speedily as possible by the Court. The referral to a collegiate body also applies where the
procedure is conducted in writing, and every request decision-making authority lies in the first instance
is examined individually. Grouped requests may be with the President of the Court, the President of the
considered jointly. Grand Chamber or Section Presidents.

9.1. Decision-making bodies in the Rule 9.2. Requests outside the scope
39 procedure (taken from the Court’s If the request clearly does not concern a right that,
Practice Direction) according to the Court’s practice, can be protected
under Rule 39, the Applicant will receive a letter from
The Court’s power to decide on requests for interim
the Registry stating that the request is outside the
measures is exercised by duty judges or, where
scope of Rule 39 and will not be submitted to a judge
appropriate, the President of the Section, the
for decision.
Chamber, the President of the Grand Chamber, the
Grand Chamber or the President of the Court (Rule
39 § 2). 9.3. Unsubstantiated or incomplete
requests
Duty judges are the judges elected as Vice-
Presidents of the five Sections pursuant to Rule 8. If the request is not sufficiently substantiated nor
They are appointed by the President of the Court in includes sufficient documentation, the applicant will
accordance with Rule 39 § 5 to decide on requests receive a letter from the Registry stating that the
for interim measures. Since 2022, all five Vice- request will not be submitted to a judge for decision.
Presidents of the Sections serve as duty judges. As a For example, in cases concerning deportation, the
matter of practice, duty judges do not examine Court will not consider a request in which the risk
requests for interim measures against the faced in the event of deportation is not substantiated;
Contracting Party in respect of which that judge has the Court will consider as incomplete a request in
been elected or is a national. In the amended version which no information is provided as to the expected
of Rule 39, the plenary Court decided to introduce a date of deportation, or in which no documents are
specific legal basis allowing the President of the provided about the domestic proceedings grounding
Court, where necessary, to indicate interim measures. it. Another example of an unsubstantiated request is
one concerning an alleged informal removal
Requests for interim measures in new individual (“pushback”) from state territory, where the applicants
applications are primarily examined by duty judges do not provide evidence of their presence on the
with the assistance of a specialised unit within the territory of the state.
Registry of the Court. Duty judges retain the
possibility to refer a request for interim measures to The Registry letter will normally indicate which
one of the other decision-makers listed in Rule 39 § aspects need to be better substantiated and which
2, including collegiate bodies. Referrals may occur in documents are missing. While it falls on the
a variety of situations and will depend on the nature applicants to promptly complete their requests, the
of the request, the case in which the request is made, Registry letter may also include a deadline by which
and the degree of urgency involved. The latter may the applicants need to reply. If no reply is received by
mean that referral to a collegiate body is not possible this deadline, the file is destroyed in due course
such that the duty judge may decide to temporarily without further notice.

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9.4. Judicial decisions on interim measure Decision not to indicate the interim measures
requests Based on the materials submitted before it, the Court
may refuse to indicate the interim measures
Since the review of the Rule 39 decision-making
requested. A Rule 39 request can be refused for
process undertaken by the plenary Court in 2023
various reasons. For instance, in cases concerning
and in 2024, irrespective of the nature of the
deportation from territory, because the risk of
decision adopted (for example, granting of interim
deportation is not imminent, or if deportation does
measures, rejection of requests, adjournment of the
not appear to lead to an imminent risk of irreparable
examination of requests, adjournment of the
harm.
examination of requests, lifting of existing interim
measures), all ruling of the Court regarding interim Reasons for refusal of a Rule 39 request are only
measures are notified to the parties in the form of a given by the Court on an ad hoc basis. When a
decision signed by the duty judge, the President of request is found to be premature, this is always
the Section or the Grand Chamber, or the President clarified in the decision.
of the Court, as applicable. The names of the judges
who adopt decisions in the procedure governing
interim measures are systematically indicated in the Decision to suspend the examination of the
decisions. request
The Court may also decide to adjourn the
Decisions are accompanied by a letter from the examination of requests for interim measures and
Registry which includes information relating to the invite the parties to provide information, where the
procedure, along with any instructions to or requests degree of urgency so permits, in cases where the
made of the parties. Applicants are informed of the information that the applicants were able to submit to
decisions of the Court regarding requests for interim the Court is not sufficient to enable the Court to
measures via the ECHR Rule 39 Site, by fax or by examine the request and where it is deemed feasible
post. to request information from the respondent
Adequately substantiated requests for interim Contracting Party prior to any decision being taken.
measures falling inside the scope of Rule 39 are When the examination of the request is adjourned,
submitted to a judicial formation of the Court for the respondent Contracting Party or both parties are
decision. This is the case, for instance, of requests invited, under Rule 54 § 2 (a), to provide the
made by applicants facing deportation who provide necessary information within a specified period of
to the Court sufficient details and evidence of the fact time. The length of the period in question depends
that in the receiving country they would face on the circumstances of the case and the degree of
persecution for political, ethnic, or religious urgency of the request. Upon receipt of the
reasons55, ill-treatment related to their sexual information from the parties, the Court may either
orientation56, or death at the hands of the adjourn the examination of the request again and put
authorities57. further questions to the parties or deliver its decision
on the request for interim measures.
The Court’s decisions on requests for interim
measures are generally not reasoned, and no appeal Questions to the parties and request for comments
lies against them. The decisions are only may also be asked by the Court after the indication of
communicated to the parties of the proceedings and an interim measure (see below).
not made public on the HUDOC database unless
they are the object of a Press Release from the
Registry58.

55. E.g., ECtHR, F.H. v. Sweden, App. no. 32621/06, 20 January 2009, paras 39-46.
56. E.g., ECtHR, M.E. v. Sweden [GC], App. no. 71398/12, 8 April 2015, para 4.
57. E.g., ECtHR, Jabari v. Türkiye, App. no. 40035/98, 11 July 2000, para 6.
58. Press Releases are collected in the HUDOC database at a dedicated page: https://hudoc.echr.coe.int/eng-press and Press
Releases on interim measures can be found by selecting “Interim measures” under “Document type” on the left of the screen:
https://hudoc.echr.coe.int/eng-press#{%22documentcollectionid%22:[%22R39%22]}.

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Decision to indicate the interim measures 9.5. Communication of decisions

Based on the materials submitted before it, the Court The applicants or their representatives are informed
may decide to indicate interim measures. of the decision of the Court to grant or refuse Rule 39
The Court may indicate interim measures until further interim measures by a formal decision sent through
notice, for the duration of the proceedings before the the Rule 39 site, or by email and post if the request
Court or for a limited period of time, depending on was not submitted through the site. Where the Court
the circumstances of the case. decides to indicate a Rule 39 interim measure, the
defending State is also informed. If interim measures
Where interim measures are granted for a limited are urgently required, the Court may first inform the
period of time, this is done for a variety of different parties by phone before sending a confirmation letter
reasons, such as: pending receipt of relevant of its decision.
information from the parties at the request of the
Court; in order to enable domestic courts to consider If the request for interim measure was submitted
fully in ongoing proceedings the matter which is the prior to the introduction of an individual application
subject of the interim-measure request; because it is under Article 34 of the ECHR, the Court’s decision
considered that a request should be examined by a (even if negative) will invite the Applicant to submit a
collegiate body and more time is needed to schedule duly completed application form (i.e., an individual
a meeting; or because the duty judge considers that application under Article 34 of the ECHR) within a
more time is needed before issuing a decision. deadline. If the Applicant does not reply to the Court
by this deadline, the application may be struck out of
This can be done at the Court’s initiative or upon the the list of cases without further notice.
applicants’ request (or that of their representative).

In practice, the Court often applies Rule 39 with a 9.6. Follow-up

time-limit when the casefile requires further
Applicants who apply for an interim measure under
information (unless the information missing is so
Rule 39 should always ensure that they reply to the
central that the request may be considered
correspondence from the Court’s Registry. Where a
incomplete, see above paragraph 9.4). If the Court
measure has been refused, they should inform the
applies the measures with a time-limit while asking
Court whether they wish to pursue the application.
for information, one or both parties will be invited to
Where a measure has been applied, they must keep
reply to questions before the replies are forwarded to
the Court regularly and promptly informed about the
the other party for information or comments. For
state of any pending domestic proceedings and of
example, in cases concerning a prima facie risk of
any other development concerning their status which
informal removal from territory, the Court may
can be relevant to the Rule 39 procedure. Failure to
indicate that the applicants should not be removed
do so may lead to the case being struck out of the
while requesting more information from the parties
Court’s list of cases.
(e.g., relating to the applicants’ exact whereabouts
and whether they have had the opportunity to ask for
international protection). 9.7. Further procedural decisions

Where the Court has requested more information, When deciding on interim measure requests, the
both parties are invited, under Rule 54 § 2 (a) of the Court may also adopt further procedural decisions.
Rules of Court, to provide the necessary information ■ The Court may decide to immediately
within a specified period of time. The length of the communicate the case to the respondent
period in question depends on the circumstances of Government if Rule 39 is applied, or to declare
the case and the urgency of the request. In such the application inadmissible if Rule 39 is not
cases, upon receipt of the information from the applied, thus anticipating decisions that are
parties, the Court may decide to prolong, not to usually adopted at a subsequent stage, when an
prolong or to lift any interim measure in place. individual application under Article 34 of the
ECHR has been lodged.
■ The Court may also decide to give notice of an
interim measure to the Committee of Ministers,
under Rule 39 § 3 of the Rules of Court, where the
judicial body that adopted the interim measure

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considers notification to be justified. In such needs several months to issue a judgment in

circumstances, the parties are informed of the which Rule 41 is applied.
notification. ■ In cases concerning applicants for international
■ In cases concerning applicants for international protection, the Court often grants anonymity
protection, the Court sometimes gives priority to under Rule 47 § 4 Rules of Court and
the case under Rule 41 of the Rules of Court. The confidentiality under Rule 33 § 1 Rules of Court.
priority procedure foreseen by Rule 41 of the Anonymity and confidentially can be requested by
Rules of Court implies that an individual the applicants or applied by the Court proprio
application under Article 34 of the ECHR is motu. Anonymity is non-disclosure of the
examined by the Court as a matter of priority in applicants’ identities to the public. In all public
respect of other cases59. Application of Rule 41 documents concerning the case the applicants
can be expressly requested by the applicants are accordingly referred to by letters of the
regardless of the granting or rejection of a Rule alphabet. Confidentiality also means non-
39 interim measure. In practice, the priority accessibility to the public of certain documents
procedure implies that the delays for examination pertaining to the case. Furthermore, if anonymity
of the case by the Court are reduced; however, is granted the principle of confidentiality is also
this does not guarantee the examination of the applied in documents in which the applicants’
case in a very short delay, as the full procedure names appear, or which could otherwise easily
still has to be respected and therefore, the Court lead to their identification.

An example of decision from the Court

informing the applicant of a decision
to indicate interim measure. The
decision also refers to the Priority
(under Article 41 of the ECHR) and
Confidentiality (under Article 47§4 of
the ECHR) of the case.

59. See also the Court’s priority policy https://www.echr.coe.int/Documents/Priority_policy_ENG.pdf.

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An example of decision from the Court

informing the applicant of a decision
to indicate interim measure. The
decision also refers to the Priority
(under Article 41 of the ECHR) and
Confidentiality (under Article 47§4 of
the ECHR) of the case.

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10.3. Issues of compliance

Although interim measures are provided for
only in the Rules of Court and not in the
10. WHAT HAPPENS European Convention on Human Rights, the
States Parties are under an obligation to
AFTERWARDS comply with them. The Court clarified this
obligation and binding effect in two Grand
Chamber judgments: Mamatkulov and
What happens after a decision has Askarov v. Türkiye, and Paladi v. the Republic
been adopted? of Moldova61.

In the judgment Mamatkulov and Askarov v.

10.1. Interim measures were not indicated Türkiye, the Court clarified that “by virtue of
No appeal can be filed against a decision not to Article 34 of the Convention, Contracting
indicate interim measures. The rejection of a Rule 39 States undertake to refrain from any act or
request does not prevent the Applicant, at least in omission that may hinder the effective
law, from pursuing proceedings before the Court by exercise of an individual applicant’s right of
lodging an individual application under Article 34 of application. A failure by a Contracting State
the ECHR, which merits the Court will assess to comply with interim measures is to be
regardless of the refusal of the Rule 39 request. regarded as preventing the Court from
Applicants may also submit a new request for interim effectively examining the applicant’s
measures, but only if new elements arise. complaint and as hindering the effective
exercise of his or her right and, accordingly,
Where a person whose request for an interim as a violation of Article 34”62.
measure has been refused is removed to another
Contracting Party, he or she can, if necessary, In the judgment Paladi v. Moldova, the Court
introduce a fresh request against that State under further elaborated on the topic, stating that
Rule 39 of the Rules of Court or an application under “Article 34 will be breached if the authorities
Article 34 of the Convention. of a Contracting State fail to take all steps
which could reasonably have been taken in
order to comply with the measure indicated
10.2. Interim measures were indicated by the Court”63. The same judgment also
Under the Court’s case law, Rule 39 interim measures established some key principles, notably:
are legally binding for the period during which they
■ The fact that it is for the Court, and not for
remain in force60. The State to which the measures
the domestic authorities concerned, to
are indicated must therefore conform to the Court’s
verify compliance with interim measures64;
order, and failure to do so will necessarily lead to a
and
violation of Article 34 of the ECHR.

60. ECtHR, Mamatkulov and Askarov v. Türkiye, App. no. 46827/99 and 46951/99, Grand Chamber Judgment of 4 February
2005, para 100.
61. ECtHR, Mamatkulov and Askarov v. Türkiye, App. no. 46827/99 and 46951/99, Grand Chamber Judgment of 4 February 2005;
ECtHR, Paladi v. Moldova, App. no. 39806/05, Grand Chamber Judgment of 10 March 2009.
62. ECtHR, Mamatkulov and Askarov v. Türkiye, cited, para 128.
63. ECtHR, Paladi v. Moldova, cited above, para 88.
64. ECtHR, Paladi v. Moldova, cited above, para 90.

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■ The fact that responsibility lies with the 10.4. Lifting of an interim measure
State to demonstrate to the Court that the
interim measures were complied with or, in Rule 39 interim measures may be lifted by the Court
an exceptional case, that there were when:
objective impediments which prevented ■ the Court considers it necessary to do so (e.g., if
compliance. In the latter case, the State the applicants are no longer considered to be at
must also show that the authorities took all risk of imminent and irreparable harm or where
reasonable steps to remove the the risk of harm would no longer be imminent,
impediments and to keep the Court such as in cases where the failed asylum-seeker
informed of the situation65. is invited to submit a new claim for asylum to the
In the same judgment the Court has also domestic authorities);
clarified that, to determine whether a State has ■ the applicants request it (e.g., to facilitate
complied with interim measures, the following voluntary return to their country of origin);
legal approach is adopted: ■ the defending Government requests it (e.g., if a
State considers it is in possession of material
■ the fact that the harm which Rule 39 was capable of convincing the Court to annul the
designed to prevent does not occur is interim measure and informs the Court
irrelevant to the assessment of the State’s accordingly); or
compliance with the given interim ■ the applicant has failed to inform the Court of their
measures66; intention concerning the lodging of an individual
■ the point of departure to assess whether application under Article 34 of the ECHR, within
the respondent State has complied with the the time limit indicated.
interim measures is the formulation of the
interim measure themselves67; Applicants must always reply to any letter that the
■ the Court examines whether the State Court might send requesting comments about the
concerned complied with the letter and the possible lifting of an interim measure request.
spirit of the interim measures indicated68.
10.5. Article 35 § 2 (b) of the Convention
Therefore, if a State does not comply with
and Rule 39 of the Rules of Court
interim measures indicated to it, the applicants
should immediately inform the Court by fax or Under Article 35 § 2 (b) of the Convention, the Court
post and raise the issue of a violation of Article is barred from dealing with applications which are
34 of the ECHR in their individual applications. substantially the same as a matter already examined
by it or which has already been submitted to another
Where a respondent Contracting Party has
procedure of international investigation or settlement
allegedly failed to comply with an interim
and contains no new, relevant information. This also
measure and the Court decides to give notice
applies at the Rule 39 stage. Where applicants apply
of the application or part of the application to
to the Court with a request for interim measures and
the respondent Contracting Party, the
it is apparent that they have the same matter pending
Committee of Ministers may also be notified of
before another international body, such as the UN
any question posed relating to compliance
Human Rights Committee, there is no scope for
with obligations under Article 34 of the
application of Rule 39. The applicant’s complaints
Convention.
shall be rejected as inadmissible under Article 35 § 2
(b) by a duty judge.

65. ECtHR, Paladi v. Moldova, cited above, para 92.

66. Ibid., para 89 in fine.
67. Ibid., para 91.
68. Ibid.

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The information and documents indicated below

should also be submitted along with the request.

☐ Grounds for the request for interim measures:

1. Detailed description of the current situation;

11. CHECK-LIST FOR MAKING A 2. Nature of the alleged imminent risk of

irreparable harm;
REQUEST
3. A copy of all related documents (recent
Before sending a Rule 39 request to the European medical reports, photographs, documents
Court of Human Rights, please ensure that the demonstrating the applicant’s vulnerability,
applicant is facing an imminent risk of irreparable press articles or reports concerning the
harm to a right that, according to the Court’s practice, applicant’s situation etc.);
can be protected under Rule 39.
4. In cases of removal/expulsion/extradition:
Requests should be written in an official language of
a. Detailed reasons for leaving the country of
a Contracting State and contain the following
origin/destination country;
information and documents:
b. Reasons for fearing to return to the country
of origin/destination country;
■ Applicant’s first name(s);
■ Applicant’s last name(s); c. Information regarding the date and
■ Current address of the applicant or place of circumstances of arrival in the Contracting
detention; Party;
■ Date of birth;
d. Country of destination;
■ Nationality(ies) or lack thereof;
■ If there are several applicants, “First e. Date of expected removal/expulsion/
name(s)”, “Last name(s)”, “Current address”, extradition;
“Date of birth” and “Nationality(ies)” in
f. A copy of all related documents (search
respect of each applicant;
warrants, arrest warrants, criminal
■ First name(s), Last name(s), Address and
convictions, press articles or reports
Capacity of the Representative, if any;
concerning the applicant, country reports
■ State(s) against which the request is being
etc.).
lodged.
☐ Information regarding domestic proceedings in the
Contracting Party:

1. Information regarding domestic proceedings,

including date and content of the judicial
decisions and appeals;

2. All other relevant information concerning

proceedings before domestic authorities;

3. A copy of all related documents (copies of

national authorities’ decisions, judicial
decisions, petitions submitted to the national
authorities and courts etc.);

4. In case of removal/expulsion/extradition:

a. Information about asylum proceedings if

any;

b. Information about removal proceedings;

c. A copy of all related documents.

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☐ Convention Articles referred to. 12. Key ECtHR Rule 39

☐ A duly completed authority form if the request is documents
made by a representative. The form can be sent
shortly after the lodging of the request. Requests
■ Court’s Press Unit “Factsheet Interim measures –
for interim measures require applicants’ consent.
updated March 2024”
☐ A reference number from the Court if you already
■ Court’s “General presentation of interim
have one relating to the present request.
measures”
☐ All other information and documents that you
■ Document “Practice direction issued by the
consider necessary.
President of the Court in accordance with Rule 32
Failure to submit the aforementioned information and of the Rules of Court on 5 March 2003 and
documents may lead to the assessment that the revised on 16 October 2009, 7 July 2011, 3 May
request for interim measures is unsubstantiated or 2022 and 28 March 2024”
incomplete. ■ Document “Interim measures by State and key
theme 2024”
A mere reference to arguments set out in other ■ Document “Rule 39 requests listed by respondent
documents or to domestic proceedings is not state, granted and refused by the Court in 2021,
sufficient. The information and documents mentioned 2022 and 2023”
above must be attached to any request.
Please note that all these documents are constantly
The Court will not necessarily contact applicants updated by the Court. They are attached to the
whose request for interim measures is incomplete. present toolkit in the version available in December
Requests should be lodged via the ECHR Rule 39 2024. To retrieve the most recent version of each
Site, or by fax or by post. The Court will not deal with document, please refer to the Court’s website (page
requests sent by email. dedicated to Applicants).

If the request is submitted via fax or post, please

ensure that “RULE 39 — URGENT” is written at the
top of the request.

Court’s contact details:

Fax No: (+33) (0)3 88 41 39 00
Telephone No: (+33) (0)3 88 41 20 18
Address: The Registrar, European Court of
Human Rights Council of Europe
67075 Strasbourg Cedex, France

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UNH CR R ULE 39 TO O LK I T

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November 2021: UNHCR, the International Organization for Migration (IOM) and the Belarus Red Cross have
been providing emergency assistance to people stranded at the border between Belarus and Poland. This
includes blankets, warm clothing, gloves, hats and boots. © UNHCR/Katsiaryna Golubeva

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