European Court of Human Rights

Press Release

issued by the Registrar of the Court

3.06.2017

European Court continues to grant request for an interim measure in Charlie Gard case

Today, the European Court of Human Rights decided to continue to indicate to the United Kingdom Government  that  they  should  provide  Charlie  Gard,  a  baby  suffering  from  a  rare  genetic  disease, with  such  treatment  and  nursing  care  as  may  be  appropriate  to  ensure  that  he  suffers  the  least distress and retains the greatest dignity consistent, insofar as possible, with maintaining life.

On Tuesday 6 June 2017, in light of the UK High Court order permitting the withdrawal  of Charlie Gard’s  artificial  ventilation  and  in  anticipation  of  the  decision  by  the  UK  Supreme  Court  to  reject their appeal, Charlie Gard’s parents filed a request for an urgent interim measure (under Rule 39 of the Rules of Court) with the European Court. The applicants have not at this stage submitted a full, substantive application – the request was for an interim measure only. On Friday 9 June the Court initially granted the interim measure in the application Gard and Others v. the UK (no. 39793/17) in order to allow the European Court to examine the request in a Chamber formation of seven judges (see link to press release).

The Chamber has now given detailed consideration to the Rule 39 request and considers that serious and  irreparable  harm  may  occur  if  it  lifts  its  Rule  39  indication  before  the  Court  can  examine  any application which may be submitted in this case.

At this stage in the procedure, the Court cannot prejudice any decision that it may ultimately make on the substance of the case. Therefore, in the interests of the parties and the proper conduct of the proceedings before it, it has indicated to the Government to prolong the application of the interim measure of 9 June 2017 until its decision on any substantive application that may be submitted. In the event that no substantive application is submitted, the interim measure shall be maintained until midnight on Monday 19 June 2017.

It has also been decided under Rule 331  that the documents in the case file should not be accessible to the public.

What are interim measures?

The Court may, under Rule 39 of its Rules of Court, indicate interim measures to any State party to the  Convention.  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. Such measures are  decided  in  connection  with  proceedings  before  the  Court,  without  prejudging  any  subsequent decisions on the admissibility or merits of the case in question. The Court grants such requests only on an exceptional basis, when the applicants would otherwise face a real risk of irreversible harm. For further information, see the Factsheet on interim measures.

This  press  release  is  a  document  produced  by  the  Registry.  It  does  not  bind  the  Court.  Decisions, judgments and further information about the Court can be found on www.echr.coe.int. To receive the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter @ECHRpress.

1  Under Rule 33 § 2 of the Rules of Court, public access to a document or to any part of it may be restricted in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties or  of  any  person  concerned  so  require,  or  to  the  extent  strictly  necessary  in  the  opinion  of  the  President  of  the  Chamber  in  special circumstances where publicity would prejudice the interests of justice.

The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.