The ECHR intervenes with the granting of interim measures to end Armenia-Azerbaijan hostilities in order to protect civilians

Decision for Interim Measures of Armenia v. Azerbaijan of 30.09.2020 (App. no. 42521/20)

PRINCIPAL FACTS

The European Court of Human Rights received on the 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)1, 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.”

PROVISIONS

Article 39 of the Rules of Court

Article 2

Article 3

THE DECISION OF THE COURT…

On 29 September 2020, taking the view that the current situation gives rise to a risk of serious violations of the Convention, the European Court of Human Rights (sitting as a Chamber of seven judges) decided to apply Rule 39 of the Rules of Court. With a view to preventing such violations and pursuant to Rule 39, the Court called upon both Azerbaijan and Armenia to refrain from taking any measures, in particular military action, which might entail breaches of the Convention rights of the civilian population, including putting their life and health at risk, and to comply with their engagements under the Convention, notably in respect of Article 2 (right to life) and Article 3 (prohibition of torture and inhuman or degrading treatment or punishment) of the Convention.
The Court also invited both Contracting Parties to inform it, as soon as possible, of the measures taken to comply with their obligations

[1] 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.