European Court grants request for interim measure in Charlie Gard case until next Tuesday Today, the European Court of Human Rights decided to indicate to the United Kingdom Government that, in the interests of the parties and the proper conduct of the proceedings before it, they should provide Charlie Gard with such treatment and nursing care as may be appropriate to ensure that he suffers the least distress and retains the greatest dignity consistent, insofar as possible, with maintaining life until midnight on Tuesday 13 June 2017.
On Tuesday 6 June 2017, in light of the UK High Court order permitting the withdrawal of Charlie Gard’s artificial ventilation and in anticipation of yesterday’s decision by the UK Supreme Court to reject their appeal, Charlie Gard’s parents filed a request for an urgent interim measure (under Rule 39 of the Rules of Court) with the European Court. The interim measure granted today in the application Gard and Others v. the UK (application no. 39793/17) has been applied temporarily in order to allow the European Court to examine the request in a Chamber formation of seven judges.
The Court may, under Rule 39 of its Rules of Court, indicate interim measures to any State party to the Convention. Interim measures are urgent measures which, according to the Court’s wellestablished practice, apply only where there is an imminent risk of irreparable harm. Such measures are decided in connection with proceedings before the Court, without prejudging any subsequent decisions on the admissibility or merits of the case in question. The Court grants such requests only on an exceptional basis, when the applicants would otherwise face a real risk of irreversible harm.