European Court declines Turkey’s bid to lift interim measure requested by Armenia

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 conflict. 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 harm

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.

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