PARIS

The European Court of Human Rights (ECHR) issued an urgent order Thursday to the Russian government to prevent the death penalty from being carried out against a foreigner who was fighting for Ukraine.  

The court issued a ruling under Rule 39 of the Rules of Court in the case of Moroccan national Brahim Saadoun, saying the Russian government “should ensure that the death penalty imposed on the applicant was not carried out” and “ensure appropriate conditions of his detention and provide him with any necessary medical assistance and medication."

The Russian government has been requested to provide information in two weeks “to show what actions and measures have been taken by their authorities” to ensure respect for the rights of Saadoun, said a statement from the ECHR.

Moscow remained obliged under Article 34 not to hinder Saadoun’s rights, the court stressed, while underlining that the Grand Chamber of the Court was actively considering the issue of the jurisdiction where the applicant is being detained -- in the so-called Donetsk People’s Republic (DPR), a breakaway province of Ukraine.

Saadoun, 21, a former student at Kyiv Polytechnic, volunteered to join the Armed Forces of Ukraine in November 2021 and was deployed to the 36th Detached Marine Brigade in the city of Mariupol in the Donetsk region, which is currently under siege by Russian forces.

On April 13, Saadoun’s brigade surrendered to Russian forces. He and two British nationals -- Aiden Aslin and Shaun Pinner -- were sentenced to death by a DPR court on June 9 on charges of forcible seizure of power, participation in an armed conflict as a mercenary and promotion of training in terrorist activities.

A representative on behalf of Saadoun had approached the court on June 14 under Rule 39 to ensure his rights. The court has also asked the Ukrainian government to respect his human rights.

The Russian State Assembly last week passed a bill to quit the ECHR which must be signed by President Vladimir Putin in order to become law.

Although Russia was expelled in March by the Council of Europe (COE) after it launched the Ukraine war on Feb. 24, the ECHR will deal with applications directed against Russia in relation to alleged violations of the European Convention on Human Rights that occurred until Sept. 16.

The COE is an independent human rights organization based in Strasbourg, France and includes the ECHR as one of its central bodies which function on the basis of the convention.

This is the third instance this week that the European judges have invoked Rule 39 to prevent member states from carrying out orders against applicants. The court granted interim measures in three cases involving refugees in the UK who were due to be deported to Rwanda.