Submission of a request for enforcement measures – rule 39 of the ECtHR regulation

It is far from always possible to effectively protect the client's rights at the national level. This especially applies to cases when time passes in a matter of days or hours, and petitions and complaints to representatives of state and law enforcement agencies are considered formally or not considered at all. In other words, national human rights protection mechanisms do not work. In such situations, Rule 39 of the ECtHR regulation comes into force. The lawyers of our PRIKHODKO & PARTNERS company will help you submit a request for enforcement measures under this Rule.

What is Rule 39 of the ECtHR?

Rule 39 belongs to the rules of the ECtHR regulation, which regulates the application of specified security measures. Judges of the European Court of Human Rights (hereinafter referred to as the ECtHR), guided by this provision, provide certain recommendations to national authorities regarding actions in each specific case.

On the basis of this Rule, the Court may apply measures that belong to the category of mandatory for the state. Important: temporary measures can come into effect only in exceptional cases. The International Court of Justice can apply them only against a state that has signed the European Convention on Human Rights. That is, Rule 39 is an order for the government of one or another country to promptly make a decision.

Representatives of PRIKHODKO & PARTNERS and other legal companies resort to Rule 39 of the ECtHR regulation in the following cases:

• The need to make a decision as quickly as possible. Appeals under this rule are considered from 2-3 to 24 hours.
• Exhaustion or lack of effectiveness of protection tools within the limits of domestic law.
• Causing irreparable damage to the client's health or life due to failure to take protective measures.

The purpose of applying temporary measures is to ensure the declared rights of the parties in situations where there is a very high risk of causing irreparable and serious damage to human rights. This is guaranteed by Article 34 of the Convention on the Protection of Human Rights.

Rule 39 of the ECtHR Regulation allows for the effective consideration of applications and the implementation of effective measures.

Lawyers' services for submitting a request for enforcement measures

If you need to file a petition under Rule 39 of the ECtHR regulation, PRIKHODKO & PARTNERS lawyers will help you with this. We have the necessary practical experience to solve any serious problem.

In the petition to the ECtHR, we justify the need to put protective measures into effect. For example, if it concerns extradition, we state the following in the appeal:

• A detailed description of the risks that may await a person in the Motherland (facts of torture, beatings, etc.). That is, the reality of the threat is proven.
• The ineffectiveness of existing national protection instruments. this can be confirmed by complaints, petitions, court decisions, etc.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer's services for filing a petition under Rule 39 of the ECHR regulation, fill out the form below.