Article 3 of the European Convention on Human Rights: A Practitioner’s Handbook may refer to the sample application for an interim measure at Appendix 8 and the Practice Direction on Interim Measures in Appendix 4. An application for interim measures should be sent as soon as possible after the final domestic decision has been taken. In extradition or deportation cases, it is advisable to submit an application and send any relevant material concerning the request before the final decision is given. The applicant should also clearly indicate as to when the final decision will be taken. In cases concerning expulsion or deportation, applicants should also indicate the expected date and time of the removal, the applicant’s address or place of detention. To enable the Court to examine such requests in good time, they should in so far as possible be submitted during working hours and by a swift means of communication such as facsimile, e-mail, or courier. In cases where time is crucial, it is important that the communication be clearly marked “Rule 39-Urgent” and that it be written in English or French. Furthermore, it is advisable to contact the Court by telephone and inform its Registry that the request is being made. Indeed, many requests for interim measures are made only hours before the scheduled departure. During holiday periods (i.e. around Christmas and the New Year) the Court’s Registry maintains a skeletal staff to deal with any urgent requests for application of Rule 39. A request for an interim measure should normally be accompanied by a completed application form but in circumstances where time does not permit the preparation of that form, as much information as possible should be provided in the communication in which the request is made. Such information should include the steps taken by the applicant to exhaust domestic remedies and copies of relevant decisions. In any event, a request should, to the greatest extent possible, be supported by adequate and relevant evidence to show the extent of the risk involved in the country of destination. In a press release, the President of the Court stated that in a large number of requests the Court cannot apply interim measures because requests are incomplete or not sufficiently substantiated.87 It is therefore important that applicants ensure that their request for interim measures is as detailed as possible. 87 48 European Court of Human Rights, “Governments, applicants and their lawyers urged to co-operate fully with European Court, following “alarming rise” in requests to suspend deportation, press release European Court of Human Rights”, 2011, available at: http://www.codexnews. com/codex/contents.nsf/WNPPrintArticles/35ABEBAB98B97A08C2257837005D3E74/$file/ President%27s+Statement+on+Rule+39+Requests.pdf.

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