MAMATKULOV AND ASKAROV v. TURKEY JUDGMENT
33
110. In examining the present case, the Court will also have regard to
general principles of international law and the view expressed on this
subject by other international bodies since Cruz Varas and Others.
111. The Court reiterates in that connection that the Convention must be
interpreted in the light of the rules set out in the Vienna Convention of
23 May 1969 on the Law of Treaties, Article 31 § 3 (c) of which states that
account must be taken of “any relevant rules of international law applicable
in the relations between the parties”. The Court must determine the
responsibility of the States in accordance with the principles of international
law governing this sphere, while taking into account the special nature of
the Convention as an instrument of human rights protection (see Golder
v. the United Kingdom, judgment of 21 February 1975, Series A no. 18,
p. 14, § 29). Thus, the Convention must be interpreted so far as possible
consistently with the other principles of international law of which it forms
a part (see Al-Adsani v. the United Kingdom [GC], no. 35763/97, § 60,
ECHR 2001-XI).
112. Different rules apply to interim, provisional or precautionary
measures, depending on whether the complaint is made under the individual
petition procedures of the United Nations organs, or the Inter-American
Court and Commission, or under the procedure for the judicial settlement of
disputes of the ICJ. In some instances provision is made for such measures
in the treaty itself and in others in the rules of procedure (see paragraphs 40,
43, 46, 49, 51 and 52 above).
113. In a number of recent decisions and orders, international courts and
institutions have stressed the importance and purpose of interim measures
and pointed out that compliance with such measures was necessary to
ensure the effectiveness of their decisions on the merits. In proceedings
concerning international disputes, the purpose of interim measures is to
preserve the parties' rights, thus enabling the body hearing the dispute to
give effect to the consequences which a finding of responsibility following
adversarial process will entail.
114. Thus, under the jurisprudence of the Human Rights Committee of
the United Nations, a failure to comply with interim measures constitutes a
breach by the State concerned of its legal obligations under the International
Covenant on Civil and Political Rights and the Optional Protocol thereto,
and of its duty to cooperate with the Committee under the individual
communications procedure (see paragraphs 41 and 42 above).
115. The United Nations Committee against Torture has considered the
issue of a State Party's failure to comply with interim measures on a number
of occasions. It has ruled that compliance with interim measures which the
Committee considered reasonable was essential in order to protect the
person in question from irreparable harm, which could nullify the end result
of the proceedings before the Committee (see paragraphs 44 and 45 above).
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