Request for interim measures lodged by Armenia against Azerbaijan before ECHR

The European Court of Human Rights received on 28.9.2020 a request for interim measure lodged by Armenia against Azerbaijan, in which the Armenian Government requested the Court to indicate to the Azerbaijani Government, under Rule 39 of the Rules of Court (interim measures) , as follows:

  •         “to cease the military attacks towards the civilian settlements along the entire line of contact of the armed forces of Armenia and Artsakh;
  •           to stop indiscriminate attacks;
  •           to stop targeting civilian population, civilian objects and settlements.”

The request was lodged under the application number 42521/20 and is currently being examined. Under Rule 39 of the Rules of Court, the Court may indicate interim measures to any State Party to the European Convention on Human Rights. Interim measures are urgent measures which, according to the Court’s well-established practice, apply only where there is an imminent risk of irreparable harm .

Rule 39 (interim measures) of the Rules of Court reads as follow:

“1. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may, at the request of a party or of any other person concerned, or of their own motion, indicate to the parties any interim measure which they considers should be adopted in the interests of the parties or of the proper conduct of the proceedings.

2. Where it is considered appropriate, immediate notice of the measure adopted in a particular case may be given to the [Council of Europe] Committee of Ministers.

3. The Chamber or, where appropriate, the President of the Section or a duty judge appointed pursuant to paragraph 4 of this Rule may request information from the parties on any matter connected with the implementation of any interim measure indicated.

4. The President of the Court may appoint Vice-Presidents of Sections as duty judges to decide on requests for interim measures.”

Comments

Post a Comment

Popular posts from this blog

Ombudsman inquiry on Commission President’s text messages is a wake-up call for EU

Image
The European Ombudsman inquiry into the Commission’s handling of a request for text messages between its President and the CEO of a pharmaceutical company is a wake-up call for all EU institutions about ensuring accountability in an era of instant messaging. One year after the initial request by a journalist, the Commission has still not clarified whether messages reported to concern major vaccine procurement deals exist and whether the public is entitled to see them. The Ombudsman had asked the Commission, in a finding of maladministration in January, to conduct a more thorough search for the text messages. The Commission’s recent response failed to say whether it had looked directly and correctly for the text messages and if not, why not. While the response recognised that work-related text messages can be EU documents, it reiterated that the Commission’s internal policy is, in effect, not to register text messages. The Ombudsman has closed  the inquiry  and upheld...
Read more

PhD position in Law, Technology and the Human body

Image
Erasmus University Rotterdam School of Law, department Law & Markets, is looking for a fulltime PhD researcher in Law, technology and the human body (5 years with 20% teaching tasks). Job description The selected candidate will be embedded within the Law & Markets department, home of a vibrant and diverse academic community. The overarching mission of the Department Law & Markets is to develop and deliver cutting-edge, high-quality research and teaching on legal institutions shaping markets and their implications for socio-economic justice and sustainability. The research group specifically studies legal and societal problems generated in the complex dynamics of international, European and domestic laws regulating technology, trade, industry, investment, money, and more generally markets. The focus is on how to make the law in any form socially, environmentally and financially sustainable, how to deal with technological innovation on an inclusive basis and how to combine p...
Read more

Interventions in Justice System and the role of Artificial Intelligence

Image
by Giorgos Kazoleas, Lawyer LL.M.* The institution of Justice is not an impersonal entity unaffected by human qualities and weaknesses. In practice, it is a number of  professionals,  judges, who perform, as is commonly said, a supreme function, which is, however, a daily, systematic and repetitive task consisting mainly of adjudicating cases and issuing judicial decisions. Due to the particular importance and practical consequences that usually accompany judicial decisions, the work of judges is reasonable to be the subject of conflicting interests and the judicial judgment to be exposed to the risk or threat of being influenced by various factors including persons, social, business and political formations. In the grand scheme of things, a court decision in some part of the planet may have absolutely no significance, but in the microcosm of the people it may affect, this decision may acquire enormous value. The main threat to influencing the administration of justice i...
Read more

DORA’s main provisions and their impact on CASPs

Image
written by Efi Thoma, Lawyer, LL.B. | LL.M. | IMES The  Digital Operational Resilience Act (DORA)  is part of the European Union's broader effort to ensure a safe and resilient digital financial ecosystem. DORA applies to a wide range of financial institutions, including banks, insurers, investment firms, and CASPs (Crypto-Asset Service Providers)  which are directly related to the rapidly growing sector of crypto-assets. DORA  is a key regulatory framework adopted by the European Union (EU) to enhance the operational resilience of financial institutions and markets, particularly in the face of increasing reliance on information technology (IT) systems and digital tools. The EU Regulation, which was introduced as part of the EU's Digital Finance Package, aims to ensure that financial institutions can withstand and recover from a variety of disruptions, including cyber attacks, system failures, and other digital operational risks. DORA applies to a broad range o...
Read more

The first international convention on protecting lawyers adopted by the Council of Europe

Image
The Council of Europe has adopted the first-ever international treaty aiming to protect the profession of lawyer. This is to respond to increasing reports of attacks on the practice of the profession, whether in the form of harassment, threats or attacks, or interference with the exercise of professional duties (for example, obstacles to access to clients). Lawyers play a key role in upholding the rule of law and securing access to justice for all, including to vindicate possible human rights violations. Therefore, public confidence in justice systems also depends on the role played by lawyers. The  Council of Europe Convention for the Protection of the Profession of Lawyer  covers lawyers and their professional associations, whose role is vital in defending lawyers’ rights and interests as a profession. The Convention addresses entitlement to practise, professional rights, freedom of expression, professional discipline and specific protective measures for lawyer...
Read more