| Abstract [eng] |
In order to prevent irreparable damage in the future, the interim measures applied by the ECtHR are relevant. Individuals, groups of individuals, States, legal persons and non-governmental organisations may apply to the Court for such measures, and the ECtHR may also grant interim measures on its own initiative. Importantly, since 2005, the interim measures applied by the Court have become mandatory, so that, in the event of non-compliance with these interim measures, the Court may order the State to pay compensation for non-material damage suffered by the victim as a result of the State's act or omission to act in order to comply with the interim measures ordered but not observed. It is also important to clarify that the practice of the ECtHR in relation to interim measures is characterised by the fact that applications for interim measures may be granted at the stage of the adoption of the petition, but this does not mean that the ECtHR has found a violation of the ECHR at the substantive stage of the decision, and, on the other hand, the failure to grant interim measures at the stage of the adoption of the petition does not imply that the adoption of a decision will not result in a finding of a substantive violation of the ECHR. The granting of applications for interim measures is irrelevant to any future decision. Similarly, the Court may, after imposing interim measures, decide to extend them if the circumstances giving rise to them have not disappeared, or, conversely, it may decide not to extend them or to revoke them if the circumstances giving rise to them have disappeared or if the government of a Contracting Party has provided evidence that the interim measures have been complied with, or, alternatively, if, on objective grounds, they are not enforceable. It is also established in the case law of the ECtHR that the Court may also order interim measures for "procedural purposes" - to ensure the proper conduct of the proceedings, extending the criterion of the occurrence of irreparable harm in the future. |
