Request for interim measures lodged by Armenia against Azerbaijan before ECHR

The European Court of Human Rights received on 28.9.2020 a request for interim measure lodged by Armenia against Azerbaijan, in which the Armenian Government requested the Court to indicate to the Azerbaijani Government, under Rule 39 of the Rules of Court (interim measures) , as follows:

  •         “to cease the military attacks towards the civilian settlements along the entire line of contact of the armed forces of Armenia and Artsakh;
  •           to stop indiscriminate attacks;
  •           to stop targeting civilian population, civilian objects and settlements.”

The request was lodged under the application number 42521/20 and is currently being examined. Under Rule 39 of the Rules of Court, the Court may indicate interim measures to any State Party to the European Convention on Human Rights. Interim measures are urgent measures which, according to the Court’s well-established practice, apply only where there is an imminent risk of irreparable harm .

Rule 39 (interim measures) of the Rules of Court reads as follow:

“1. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may, at the request of a party or of any other person concerned, or of their own motion, indicate to the parties any interim measure which they considers should be adopted in the interests of the parties or of the proper conduct of the proceedings.

2. Where it is considered appropriate, immediate notice of the measure adopted in a particular case may be given to the [Council of Europe] Committee of Ministers.

3. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may request information from the parties on any matter connected with the implementation of any interim measure indicated.

4. The President of the Court may appoint Vice-Presidents of Sections as duty judges to decide on requests for interim measures.”

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Editorial

Editorial
George Kazoleas, Lawyer

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