Friday, August 15, 2008

ECHR: Court Indicates Interim Measures in Case Brought by Georgia

On Tuesday, the European Court of Human Rights, in accordance with Rule 39 of its Rules of Court, indicated interim measures at the request of the Republic of Georgia. Georgia had filed an application directed against Russia alleging "violations of Articles 2 (right to life) and 3 (prohibition of inhuman and degrading treatment) of the European Convention on Human Rights and Article 1 of Protocol No. 1 (protection of property) to the Convention." Here's the Court's decision:

On 12 August 2008 the President of the Court, acting as President of Chamber, decided to apply Rule 39 of the Rules of Court (interim measures) considering that the current situation gives rise to a real and continuing risk of serious violations of the Convention. With a view to preventing such violations and pursuant to Rule 39, the President calls upon both the High Contracting Parties concerned to comply with their engagements under the Convention particularly in respect of Articles 2 and 3 of the Convention.

In accordance with Rule 39 § 3, the President further requests both Governments concerned to inform the Court of the measures taken to ensure that the Convention is fully complied with.