On 16 February 2021, a Chamber of seven judges of the Court decided, in the interests of the parties and the proper conduct of the proceedings, to indicate to Russia, under Rule 39 of the Rules of Court, that the applicant should be released.
On 16 February 2021, a Chamber of seven judges of the Court decided, in the interests of the parties and the proper conduct of the proceedings before it, to indicate to the Government of Russia, under Rule 39 of the Rules of Court, that the applicant should be released.
Translation:
Decision on the interim measure
On 16 February 2021, a Chamber of seven judges of the Court decided, in the interests of the parties and the proper conduct of the proceedings, to indicate to Russia, under Rule 39 of the Rules of Court, that the applicant should be released. This measure must be implemented immediately. In taking this decision, the Chamber had regard to the nature and extent of the risk to the applicant’s life, which had been established prima facie so as to justify the application of an interim measure, and which the Court assesses in the light of all the circumstances of the applicant’s current detention.
This measure was indicated without prejudice to the Court’s decision on the merits of the case and to the competence of the Committee of Ministers.
In accordance with Rule 39 § 2 of the Rules of Court, the Committee of Ministers will be notified of the decision.
The parties’ attention is drawn to the fact that a State’s failure to comply with a measure indicated under Rule 39 may entail a violation of Article 34 of the Convention. In this connection, reference is made to paragraphs 128 and 129 of the Grand Chamber judgment of 4 February 2005 in *Mamatkulov and Askarov v. Turkey* (applications nos. 46827/99 and 46951/99), as well as to point 5 of the operative provisions.
Priority
The Court decided to give priority to the application in accordance with Rule 41.