What is an interim measure under Rule 39 of the ECtHR?
An interim measure under Rule 39 of the Rules of Court of the European Court of Human Rights is an urgent procedural measure indicated by the ECtHR to a State before the Court has decided the merits of an application. Its purpose is to prevent serious, imminent and irreparable harm to a right protected by the European Convention on Human Rights or its Protocols.
Rule 39 measures are exceptional. They are not a standard appeal against a domestic decision and they do not replace national remedies. The Court uses them only where the applicant shows that the risk is real, immediate and cannot be adequately repaired later, even if the applicant ultimately wins the case before the ECtHR.
In practice, Rule 39 is most often relevant in cases involving removal, deportation, extradition, surrender under a European Arrest Warrant, access to urgent medical treatment, detention conditions, or situations where a person may face torture, inhuman or degrading treatment, death, enforced disappearance, or another irreversible consequence. The legal basis is procedural, but the assessment is closely connected with substantive Convention rights, especially Articles 2 and 3 of the Convention.
What does an interim measure do?
An interim measure usually requires a State to refrain from taking a specific action until the ECtHR has had time to examine the case. For example, the Court may indicate that a person should not be deported to a particular country, extradited, removed from the territory, or transferred to conditions that may expose them to a serious Convention risk.
The measure is temporary. It does not mean that the ECtHR has accepted the full application, found a violation, or decided the final outcome. It only preserves the practical effectiveness of the individual application. Without such protection, the applicant could suffer harm that would make a later judgment meaningless.
Although Rule 39 measures are procedural, they are treated as binding in the Court’s case law. In particular, the ECtHR has linked non-compliance with interim measures to the right of individual petition under Article 34 of the Convention. This means that a State’s failure to comply may itself become an issue in the proceedings.
A request for an interim measure must be well prepared and supported by evidence. The applicant should clearly identify the domestic decision being challenged, the date and time of the planned removal or transfer if known, the Convention rights at risk, and the documents showing why the risk is imminent and irreparable. General fears, incomplete submissions, or arguments that can be properly assessed later will usually not be sufficient.
When should a Rule 39 request be considered?
A Rule 39 request should be considered where there is an urgent threat that cannot wait for ordinary proceedings. This may include a pending deportation to a country where the person risks torture, inhuman or degrading treatment, or another serious Convention risk, extradition to a State where detention conditions may breach Article 3, removal of a seriously ill person without access to necessary treatment, or transfer of a child in circumstances raising a serious and immediate risk.
For private individuals, the measure may be relevant when all effective domestic options have been used or when a domestic decision is immediately enforceable and creates an irreversible risk. For entrepreneurs, NGOs or media entities, Rule 39 may be relevant in narrower situations, for example where State action could irreversibly affect Convention-protected rights and no adequate domestic protection is available in time. However, financial loss alone will rarely justify a Rule 39 measure unless it is linked to a serious and irreparable Convention consequence.
Timing is critical. The ECtHR expects applicants to submit requests as soon as the risk becomes real and sufficiently documented. Filing at the last possible moment, without complete documents or after failing to use available domestic remedies, can significantly reduce the prospects of success. A request should not be treated as a substitute for urgent domestic applications, appeals or requests for suspension of enforcement.
A prompt consultation with a lawyer can help identify whether Rule 39 is available, what evidence is required, and how to present the risk in Convention terms. It may also help avoid procedural mistakes, such as submitting an incomplete request, relying on irrelevant arguments, or failing to coordinate proceedings before domestic courts and the ECtHR.
Legal support in Rule 39 ECtHR matters
Support in matters concerning interim measures before the European Court of Human Rights may include in particular:
- assessment of whether the situation meets the threshold for a Rule 39 request,
- analysis of domestic decisions, enforcement deadlines and available remedies,
- preparation of urgent submissions to the ECtHR,
- collection and structuring of evidence concerning the risk of irreparable harm,
- coordination of domestic proceedings with the Strasbourg procedure,
- representation in cases involving deportation, extradition, detention, medical risk or family-related emergencies,
- advice on compliance with interim measures and further procedural steps before the ECtHR.
Need assistance with an urgent Rule 39 request before the ECtHR? Contact us.
See also
- Deportation process
- Extradition arrest
- Removal proceedings
- Refugee status