Susan Nash discusses cases involving expulsion, education and adoption
Rule 39 of the Rules of Court provides that the European Court of Human Rights (ECtHR) may order interim measures if it is in the interests of the parties, or considered necessary for the proper conduct of proceedings. In August 2008, Mustafa Kamal Mustafa (Abu Hamza) sought interim measures under r 39 to prevent his extradition to the US, which he complains would be in breach of Art 3 because he risks a life sentence without parole. He is due to stand trial in the US on charges relating to hostage-taking, conspiracy to create a terrorist training camp, and assisting acts of terrorism in Afghanistan.
His request was granted and the UK government informed that the applicant should not be extradited before the ECtHR had an opportunity to consider the matter.
Similarly, Gary McKinnon, who allegedly gained unauthorised access to military computers in the US from his home in the UK, requested interim measures to prevent his extradition to the US. He complains that, if convicted, conditions in detention would breach Art 3. His request was refused
