The project
The Rule 39 Pro Bono Initiative
The Rule 39 Pro Bono Initiative
About the Rule 39 Pro Bono Initiative
The Rule 39 Pro Bono Initiative is a large-scale collaborative effort, harnessing the combined expertise of human rights and pro bono lawyers to ensure effective access to urgent and non-urgent human rights protection for vulnerable foreigners at the European level.
Founded in 2021, the Rule 39 Pro Bono Initiative is supported by nine law firms and is led by Dr. Daria Sartori, with the support of Muriel Vicquéry
and Lyda Mastrantonio.
Evolution and Specialization
Originally focused on Rule 39 interim measure requests at the European Court of Human Rights, the project has broadened its scope. It now aims to assist civil society and legal aid lawyers with all aspects of litigation at the European Court of Human Rights or other international bodies, specifically supporting asylum-seekers, refugees, stateless persons and migrants.
Founded in 2021, the Rule 39 Pro Bono Initiative was initially hosted by CILD (Italian Coalition for Civil Liberties and Rights). Now under the auspices of Pro Iura, the initiative continues its mission led by Dr. Daria Sartori, who has overseen the initiative since its inception. Together with Muriel Vicquéry, they train and supervise volunteer lawyers from partner firms.
Legal Successes and Victories
In recognition of its life-altering work, the Initiative has been awarded the PILnet 2023 Global Partnership Award and the LawWorks 2023 Best International Pro Bono Award.
Since its inception, the Rule 39 Pro Bono Initiative has provided over 4,000 hours of pro bono legal support to more than 600 individuals (including 80 children). The initiative has successfully protected individuals from border violence, ensured dignified reception conditions and access to adequate medical and psychological care, safeguarded against life-threatening risks from the conflict in Ukraine, and intervened in sea rescue operations.
In the course of its work, the Initiative has engaged in strategic partnerships: with the Legal Helpdesk For Refugees in Brussels to tackle the Belgian reception crisis; with UpRights and StraLi to support litigation efforts connected with sea rescue operations; with Asylex to explore utilising a wider range of urgent tools for human rights protection, ranging from interim measure requests at the ECtHR to UN bodies communications.
Non-Profit and Social Recognition
Pro Iura operates as a non-profit association under Belgian law. Its partner law firms fund the Rule 39 Pro Bono Initiative, enabling it to provide pro bono services and ensuring that vulnerable foreigners receive the legal support they need to protect their human rights.
The Rule 39 Initiative’s cases
Interim measure decisions in cases concerning the rights of foreigners stuck in Ukraine during conflict
In May 2022, the Initiative managed to achieve two first-of-their-kind interim measure decisions in cases concerning the rights of foreigners stuck in Ukraine during active conflict, notably ensuring the relocation of migrants, …
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refugees and asylum-seekers being held in a detention centre dangerously close to the frontlines to a relatively safer area. The centre they had been held in was subsequently bombed, mere days after our intervention.
The applicants whose relocation to safety was ensured in Ukraine said: “Out of those who helped us, Daria and the Rule 39 Initiative lawyers were the only ones who were able to move us … thanks to them our lives were saved from the bombs that, in the end, fell on the Centre”.
Reception crisis
in Belgium
Between September 2022 and April 2023, the Rule 39 initiative developed a strategic partnership with the Belgian Legal Helpdesk service to address the reception crisis that had left hundreds of asylum-seekers deprived of State assistance and forced to live on the streets.
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This partnership allowed the Rule 39 Initiative to significantly increase access to shelter for homeless asylum-seekers in Belgium, by directly assisting 157 homeless asylum-seekers to submit applications to the ECtHR, resulting in their being accommodated in shelters after having lived on the streets in winter for months. This litigation has led to hundreds of positive decisions from the ECtHR on the matter, a historic result ensured by the efforts of all the parties involved.
Asylum seekers in a “legal limbo” in Greece
In October 2023, the Rule 39 initiative supported its partner ELA (Equal Legal Aid) by drafting an interim measure request in favour of a family of Afghan asylum seekers, including eight minors.
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The family, having been denied asylum in Greece at first instance, on the presumption that they could and should return to Turkey which is considered by Greece as a “safe third country”, had been cut off State assistance, including reception, necessary medical care, and food. Returns to Turkey are currently not enforceable, so hundreds of asylum-seekers like the applicants find themselves in a “legal limbo” in Greece, where they do not have access to State support but are unable to legally leave the country.
The Rule 39 Initiative drafted an innovative request for interim measures, aimed at getting to the applicants the necessary State support. The request was successful, the Court immediately adopted the interim measures requested. After a few exchanges with the Greek Government, the domestic authorities ruled in favour of issuing asylum-seeker cards to the applicants, which allow them to benefit from proper assistance, including food and medical care, and to be protected against deportation until the publication of a final decision on the pending appeal against the refusal of international protection.