PACE’s Legal Affairs Committee has called on signatories to the European Convention on Human Rights to respect any “interim measures” ordered by the Strasbourg Court, and to provide it with all information and evidence it requests.
Approving a report by Kimmo Sasi (Finland, EPP/CD) today in Paris, the committee strongly condemned instances of outright violations by several States Parties – Italy, Russia, the Slovak Republic, Turkey and Ukraine – of temporary Court orders aimed at protecting applicants from extradition or deportation to countries where they would be at risk of torture.
In a draft resolution, the committee said it was particularly worried about the recent phenomenon, observed in Russia, of the temporary disappearance of applicants protected by interim measures and their subsequent reappearance in the country which had requested the extradition. This could be likened to the practice of “extraordinary rendition” repeatedly condemned by the Assembly, the parliamentarians said.
The committee welcomed the increasing use, by the European Court of Human Rights, of factual presumptions and the reversal of the burden of proof in dealing with refusals by State Parties to provide full, frank and fair disclosure in response to requests by the Court for further information or evidence. At the same time, it encouraged the Court to be as specific as necessary in indicating such measures and to cautiously explore the possibility of ordering damages in case of violations of interim measures.