ECHR President Siofra O’Leary emphasized on Thursday that the United Kingdom must fulfill its legal obligation to implement any European Court of Human Rights (ECHR) rulings preventing the deportation of migrants to Rwanda.
In June 2022, the ECHR issued an interim measure, under rule 39, blocking the UK from deporting asylum seekers to Rwanda, challenging a key aspect of the British Conservative government’s migration control plan.
President O’Leary, speaking at the annual press conference, highlighted that the UK, as a signatory to the European Convention on Human Rights, would breach international law by defying such court rulings.
Prime Minister Rishi Sunak, amidst an upcoming UK election, pledged to proceed with the first deportation flight to Rwanda in the coming months.
President O’Leary underscored that compliance with rule 39 measures is a clear legal obligation under the Convention, issued in exceptional circumstances where there is a genuine and imminent risk of irreparable harm.
She warned that states disregarding such measures in the past were later found to have violated their Convention obligations.
In response, Sunak’s spokesperson in London expressed confidence in the government’s legislation, asserting compliance with international obligations.
However, they conveyed the government’s readiness not to comply, arguing against foreign courts impeding flight departures.
The Conservative government responded to a UK Supreme Court ruling in late 2022, deeming the deportation of asylum seekers to Rwanda illegal under international law.
President O’Leary cited the UK’s historical compliance with interim measures and its public calls for other states to adhere to such rulings, referencing the 2021 case where the UK urged Russia to comply with a ruling on the release of Alexei Navalny.
The ECHR, a part of the 46-member Council of Europe, is considered a court of last instance, with members obligated to implement its rulings.
Russia, however, exited the Council following its invasion of Ukraine.
