The European Court of Human Rights (ECtHR) has the power to issue interim measures, also known as Rule 39 orders, to protect individuals from imminent harm. These measures are urgent orders that apply only where there’s an imminent risk of irreparable harm to a Convention right. The ECtHR may indicate interim measures until further notice, for the duration of proceedings, or for a limited period.
Interim measures are typically requested when a person faces a threat to their life or a risk of torture, inhuman, or degrading treatment. For instance, an interim measure secured the evacuation of Russian opposition leader Alexei Navalny to Germany in 2020 after he was poisoned with a nerve agent. Another example is the removal of a person to Rwanda, where the ECtHR ruled that the individual shouldn’t be removed until a final decision was made by UK courts, citing concerns about fair hearing in Rwanda.
These measures are legally binding on the state concerned, but they don’t decide the outcome of the case. They’re a critical instrument in international litigation, influencing broader legal and political landscapes, especially in contentious issues like migration crises and state violence.
The ECtHR has received numerous requests for interim measures, but only a small percentage are granted. In 2023, the Court issued only one Rule 39 order against the UK, concerning an individual’s expulsion to the United States.
