Interim Relief Compared: Use of Interim Measures by the UN Human Rights Committee and European Court of Human Rights

Available in Russian

Authors: Cedric Marti, Helen Keller

Keywords: European Convention on Human Rights; International Covenant on Civil and Political Rights; preliminary measures; The European Court of Human Rights


The institution of interim measures is an effective and powerful instrument for the human rights judiciary. Interim measures safeguard the effectiveness of the human rights protection system by preventing particularly harmful violations that would not be reparable by a decision on the merits. This article undertakes a comprehensive comparison of the UN Human Rights Committee’s and the European Court of Human Rights’ use of interim measures. It argues that, while the practices of the Committee and the Court display surprisingly strong similarities with respect to key issues, there exist some important procedural and substantive divergences which could arguably lead to forum shopping with respect to interim relief.