The President of the European Court of Human Rights (ECHR), Síofra O’Leary, appealed to the UK government to comply with interim injunctions under Rule 39 of the Rules of Court against the agreement with Rwanda. O’Leary made her statement in a press conference on Thursday in Strasbourg.
Last year, the ECHR issued urgent interim measures to halt the UK government’s proposal to extradite a group of asylum seekers to Rwanda, pending a final decision from UK courts. Commenting on these measures, O’Leary reminded the audience of the states’ legal obligation under the European Convention on Human Rights.
Under Rule 39, the court reserves the power to indicate to parties any interim measure that, in their judgement, should be adopted in everyone’s best interest, or to ensure the proceedings proceed appropriately. Essentially, this rule gives the ECHR the power to issue an urgent order where there is believed to be a genuine risk of serious and irrevocable harm.
The UK government has landed in an international spotlight following its announcement to circumvent the Supreme Court’s judgement. The Supreme Court deemed its Rwandan scheme as unlawful. Nevertheless, in December 2023, the government introduced the Safety of Rwanda (Asylum and Immigration) bill. Despite multiple warnings and the recent statement from the UN Refugee Agency (UNHCR) declaring the UK’s new Rwanda arrangement violates international law, the government persists in its removal plan.
Last week, the UK House of Commons passed the Safety of Rwanda Bill, which now awaits scrutiny in the House of Lords.
In conclusion, O’Leary underlined the UK’s longstanding compliance with Rule 39, stretching back to the original commission in the 1950s. She highlighted the precedent set by the UK in declaring the necessity for other states to adhere to Rule 39. The ECHR President reiterated her court’s primary function to examine any convention issues arising from individual case circumstances.