The Implementation of Interim Measures serving the Protection of Victims of Domestic Violence: An Encouraging Evolution in the Practice of the european Court of Human Rights

01-03-2024

Anne-Marie Leal

Women’s Rights Researcher,

Global Human Rights Defence.

Recently, the Court adopted an interim measure to protect a woman from the risk inherent to the imminent release of her abusive husband who had tried to kill her. This type of measure requires a Government to either act or refrain from acting in a certain way, pending determination of the case. In case of imminent risk of irreparable harm, such urgent measures, taken on the grounds of ECHR Rule 39 of Court, enable the immediate protection of the victims. State Parties of the Council of Europe are under an obligation to comply with them [1]. Usually, interim measures are taken in case of expulsion or extraditing thus engaging Article 2, to protect individuals from ill-treatments prohibited by Article 3, guarantee the right to a fair trial on the basis of Article 6, or even the right to respect for private and family life covered by Article 8 of the European Convention of Human Rights. Despite the potential life-threatening violence to which lots of women are subjected nowadays, the Court has never granted interim measures in case of gender-based violence until now [2]. 

The RB and NG v. Azerbaijan case also marks a significant milestone towards the protection of victims of domestic violence. In this instance, a man was accused of attempting to murder his wife and her mother, this assault occurring after a prolonged and thoroughly documented pattern of domestic violence. Since the pretrial detention to a psychiatric hospital could lead to the release of the abusive husband at any time, the women filed for protection to the Court. In that case, local authorities failed to report and investigate the women’s complaints despite the official witnessing of the decade-long physical and emotional abuse. Azerbaijani authorities deliberately refused to open a criminal investigation, attesting that the wife had not suffered “harm to health”. Consequently, the applicant was advised to withdraw her complaints. She was, thereafter, frequently harassed by her former husband by telephone while he was in pre-trial custody. The fear of his release being omnipresent, the women decided to request the protection of the European Court of Human Rights. 

On October 2nd, 2023, the Court urged the Azerbaijani Government to ensure compliance with the European Convention of Human Rights, particularly emphasizing the right to life (Article 2) and the prohibition of torture or inhuman or degrading treatment (Article 3). Additionally, it requested that the Government notify both the Court and the applicants of any plans to release the abusive husband, including placing him under house arrest, "as soon as such proceedings are initiated and at least 72 hours before the scheduled release date."[3]

This ground-breaking decision, emphasising the systemic gender-based discrimination faced by women, provides, through Azerbaijan's inability, an encouraging direct support to victims of domestic violence. 

Sources and further readings : 

[1] EHRAC (2023, April), Interim Measures at the European Court of Human Rights. 

Retrieved from https://ehrac.org.uk/wp-content/uploads/2023/06/EHRAC-Interim-Measures-Guide-23_-ENG_v2.pdf 

[2] ECHR (2023, October), Interim measures. 

Retrieved from https://www.echr.coe.int/documents/d/echr/fs_interim_measures_eng

[3] EHRAC (2024, January 31) Court grants request to protect azerbaijani domestic violence victim from sudden release of ex-husband. 

Retrieved from https://ehrac.org.uk/en_gb/court-grants-request-to-protect-azerbaijani-domestic-violence-victim-from-sudden-release-of-ex-husband/