The European Court of Human Rights (Court) has issued new instructions on the interim measure procedure and a revised practice direction.
The Court has a power to issue an interim measure which is binding on member states; for example, to stop a deportation. They only exercise this power in "exceptional cases...[where] the applicant faces a real risk of serious, irreversible harm".
Applicants must submit requests by fax or post as e-mail requests are not accepted. Applications must include detailed reasoning, copies of all supporting documentation and details of the expected date and time of removal.
An application may be made after the final domestic decision - or before it, by indicating the application is subject to a negative decision, where for example deportation or extradition measures would be imminent in the event of an adverse decision.
The practice direction emphasises that the Court is not a final court of appeal and that all domestic remedies should be exhausted before applications for an interim measure.
Click here to view the press release and revised practice direction.