30
MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
has been considered by the Court in previous decisions. It is of the utmost
importance for the effective operation of the system of individual
application instituted under Article 34 that applicants or potential applicants
should be able to communicate freely with the Court without being
subjected to any form of pressure from the authorities to withdraw or
modify their complaints. As the Court has noted in previous decisions,
“pressure” includes not only direct coercion and flagrant acts of intimidation
against actual or potential applicants, members of their family or their legal
representatives, but also other improper indirect acts or contacts designed to
dissuade or discourage applicants from pursuing a Convention remedy (see,
among other authorities, Petra v. Romania, judgment of 23 September
1998, Reports 1998-VII, pp. 2854-55, § 43; Kurt v. Turkey, judgment of
25 May 1998, Reports 1998-III, p. 1192, § 159; Aksoy v. Turkey, judgment
of 18 December 1996, Reports 1996-VI, p. 2288, § 105; and Akdivar and
Others v. Turkey, judgment of 16 September 1996, Reports 1996-IV,
p. 1219, § 105). For present purposes, the Court concludes that the
obligation set out in Article 34 in fine requires the Contracting States to
refrain not only from exerting pressure on applicants, but also from any act
or omission which, by destroying or removing the subject matter of an
application, would make it pointless or otherwise prevent the Court from
considering it under its normal procedure.
(b) Indication of interim measures under the Convention system
103. Rule 39 of the Rules of Court empowers a Chamber or, where
appropriate, its President, to indicate interim measures. The grounds on
which Rule 39 may be applied are not set out in the Rules of Court but have
been determined by the Court through its case-law. As was the practice of
the European Commission of Human Rights prior to the entry into force of
Protocol No. 11 to the Convention in 1998, the Court applies Rule 39 only
in restricted circumstances.
104. Interim measures have been indicated only in limited spheres.
Although it does receive a number of requests for interim measures, in
practice the Court applies Rule 39 only if there is an imminent risk of
irreparable damage. While there is no specific provision in the Convention
concerning the domains in which Rule 39 will apply, requests for its
application usually concern the right to life (Article 2), the right not to be
subjected to torture or inhuman treatment (Article 3) and, exceptionally, the
right to respect for private and family life (Article 8) or other rights
guaranteed by the Convention. The vast majority of cases in which interim
measures have been indicated concern deportation and extradition
proceedings.
105. In most cases, measures are indicated to the respondent
Government, although there is nothing to stop the Court from indicating
measures to applicants (see, among other authorities, Ilaşcu and Others
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