The European Court of Human Rights (ECHR) said Wednesday it had received five additional applications from refugees in the UK who were due to be deported to Rwanda and has granted interim measures in two cases to halt their removal. 

On Tuesday, the European judges invoked Rule 39 to block the last-minute deportation of an Iraqi national to Rwanda. Following the ruling, the UK government canceled the flight, where up to seven refugees were expected to be sent to the East African country.

In a statement, the Court said that of the five new cases it received, it has decided to apply the interim measure in two cases, while it rejected the measure in two other cases and the fifth case was withdrawn.

In the two approved cases, the Court invoked Rule 39, staying the applicants’ removal until 6 p.m. on June 20 in order to enable their requests to be considered in greater detail. It rejected the applications of two refugees as they had been put before the national courts to seek suspensive remedies.

The Court said in 2021 that it had received 1,020 applications for interim measures under Rule 39, of which it granted relief in 625 cases.

What is Rule 39?

The court mainly indicates interim measures in cases related to immigration, the treatment of prisoners, the right to privacy, or if respect for family life is at risk, according to Klaudiusz Ryngielewicz, deputy to the registrar of the Court.

The formation of 47 judges who precede the court can order that the applicant’s deportation or extradition be suspended or that they be provided with appropriate health treatment in prison.

“Rule 39 is a provision of the rules of procedure of the court which allows the court to press the pause button,” Ryngielewicz said.

“The resulting freeze frame simply allows the court to take the necessary time to rule on a request made by one of the parties to the proceedings to be able to see whether a decision or an action taken by a respondent state could entail a risk of irreparable harm to the party requesting the application of that measure,” he added.

If a member state fails to comply with a measure ordered under Rule 39, the judges may condemn the state for it, Ryngielewicz said./aa