European Court of Human Rights

Press Release

issued by the Registrar of the Court

14.10.2020

Court’s decision on Turkish authorities’ request to lift interim measure indicated in the case of Armenia v. Turkey¹

On 6 October 2020 the Court decided to apply Rule 39 of the Rules of Court for a second time in relation to the Nagorno-Karabakh conflict². It called on all States directly or indirectly involved in the conflict, including Turkey, to refrain from actions that would contribute to breaches of the Convention rights of civilians and to respect their obligations under the Convention.

On 7 October 2020 the Government of Turkey requested that the Court reconsider its decision and lift the interim measure in so far as it was directed against Turkey.

The Court reiterates that the indication of an interim measure under Rule 39 is an urgent action in situations where it perceives an imminent risk of irreparable harm³. The indication is of a provisional nature and does not prejudge any subsequent examinations as to the admissibility and merits of the case in question which would be made in adversarial proceedings.

The decision of 6 October 2020 was taken on the basis of the evidence then available which indicated that certain Contracting States were directly or indirectly involved in the conflict. It was not addressed solely to Turkey, but to all the States concerned.

Having examined the objections expressed by the Government of Turkey and again taking account of the serious and escalating nature of the conflict, the Court does not find any reason to amend its decision or to lift any part of the interim measure previously indicated.

• ¹ Armenia v. Turkey (application no. 43517/20).

• ² See press release of 06.10.2020.

• ³ For further information, see the factsheet on interim measures.

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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.