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ECHR Rule 39 of the Rules of Court

Very important:

1. Please be informed that the European Court of Human Rights has put in place a new dedicated fax line which applicants and their representatives should use for correspondence relating to requests for interim measures under Rule 39 of the Rules of Court.

The number from the UK: 00 33 3 88 41 39 00 / other countries + 33 3 88 41 39 00

Failure to use this number may result in a Rule 39 request not being dealt with immediately.


Refused asylum in the UK, all legal rights exhausted you may be able to seek redress from the European Court of Human Rights

[Anyone can apply to the ECHR, you do not need to be legally qualified; applications must be posted/faxed to the court.

If you are facing removal/deportation/extradition and removal directions have been set, and all legal avenues in the UK have been exhausted, and you have strong grounds as to why the removal/deportation/extradition should not take place, you can make an emergency application to the ECtHR under Rule 39 'Inerim Relief' to have the removal stayed

Taking a case to the European Court of Human Rights


ECHR Rule 39 of the Rules of Court

Practice Directions (1) / Requests For Interim Measures

[Necessary forms: *Download Authority to ECHR PDF / Download Application to ECHR PDF ]

Applicants or their legal representatives (2) who make a request for an interim measure pursuant to Rule 39 of the Rules of Court, should comply with the requirements set out below.

Failure to do so may mean that the Court will not be in a position to examine such requests properly and in good time.

I. Requests to be made by facsimile, e-mail or courier
Requests for interim measures under Rule 39 in urgent cases, particularly in extradition or deportation cases, should be sent by facsimile or e-mail (3) or by courier.

The request should, where possible, be in one of the official languages of the Contracting Parties. All requests should bear the following title which should be written in bold on the face of the request:

"Rule 39 - Urgent/Article 39 - Urgent"
Requests by facsimile or e-mail should be sent during working hours (4) unless this is absolutely unavoidable. If sent bye-mail, a hard copy of the request should also be sent at the same time. Such requests should not be sent by ordinary post since there is a risk that they will not arrive at the Court in time to permit a proper examination.

If the Court has not responded to an urgent request under Rule 39 within the anticipated period of time, applicants or their representatives should follow up with a telephone call to the Registry during working hours.

II. Making requests in good time
Requests for interim measures should normally be received as soon as possible after the final domestic decision has been taken to enable the Court and its Registry to have sufficient time to examine the matter.

However, in extradition or deportation cases, where immediate steps may be taken to enforce removal soon after the final domestic decision has been given, it is advisable to make submissions and submit any relevant material concerning the request before the final decision is given.

Applicants and their representatives should be aware that it may not be possible to examine in a timely and proper manner requests which are sent at the last moment.

III. Accompanying information
It is essential that requests be accompanied by all necessary supporting documents, in particular relevant domestic court, tribunal or other decisions together with any other material which is considered to substantiate the applicants allegations.

Where the case is already pending before the Court, reference should be made to the application number allocated to it.

In cases concerning extradition or deportation, details should be provided of the expected date and time of the removal, the applicant s address or place of detention and his or her official case-reference number.

*Authority to ECHR, must be signed by deportee

ECHR application it is in French/English, can be filled in by anyone

Rule 39 applications to ECHR Fax: 00 33 3 88 41 39 00

(1) Issued by the President of the Court in accordance with Rule 32 of the Rules of Court on 5 March 2003.

(2) Full contact details should be provided.

(3) To the e-mail address of a member of the Registry after having first made contact with that person by telephone. Telephone and facsimile numbers can be found on the Court s website (www.echr.coe.int).

(4) Working hours are 8am 6pm, Monday -Friday. French time is one hour ahead of GMT.

Last updated 8 November, 2011