The Council of Europe and UNHCR have jointly organised a seminar to mark the publication of the new UNHCR Toolkit on how to request interim measures under rule 39 of the rules of the European Court of Human Rights for persons in need of international protection.
The fully updated toolkit, published in March 2025, reflects recent developments in the Court's case law and procedural practice. It provides practitioners with clear, step-by-step guidance on how to submit requests for interim measures under rule 39, for the exceptional cases when this measure is required to ensure effective protection in urgent cases.
In his opening address, Philippe Leclerc, UNHCR Regional Director for Europe, highlighted that "Interim measures under rule 39 stand at the crossroads of European human rights law and international refugee law. In situations of expulsions, they protect against refoulement by ensuring that no one is returned to a place where they may face persecution, torture, or serious harm. I am confident this second edition of UNHCR's toolkit will be useful for legal practitioners, in those exceptional circumstances where a Rule 39 request is warranted."
Speaking about the Court's approach to rule 39 interim measure requests, Klaudiusz Ryngielewicz, Registrar of the Filtering Section of the European Court of Human Rights, underlined that "For those of us involved in these proceedings, the emphasis is squarely on rigour, transparency, and efficiency."
Nikolaos Sitaropoulos, Head of the Council of Europe Division on migration and refugees, expressed confidence that the UNHCR Toolkit will prove to be "a valuable tool for all legal practitioners engaged in refugee law and will facilitate their interaction with our Court which, for many asylum-seeking persons in Europe today, still remains their last available remedy or the last available forum providing effective legal protection."
The European Court of Human Rights provides an essential safeguard for those seeking international protection. Speakers underlined how rule 39 interim measures serve to ensure, in practice, effective respect for the principle of non-refoulement, under the European Convention on Human Rights and the United Nations 1951 Refugee Convention.
By fostering dialogue between international institutions, lawyers, and civil-society actors, the seminar promoted a common understanding of the Convention's procedural tools and ensured that protection mechanisms remain practical and accessible to persons in need of effective international protection.
