British Prime Minister Rishi Sunak has been warned that he will be breaking European human rights law if his government ignores emergency court orders.

The court order intends to stop asylum seekers from being sent to Rwanda.

Mr Sunak has repeatedly vowed not to let foreign courts block the plan to send some migrants on a one-way trip to the African nation.

The Safety of Rwanda (Asylum and Immigration) Bill going through parliament states that it was up to ministers to decide whether or not to comply with the interim rulings issued by judges in the European Court of Human Rights.

But the Strasbourg court’s president, Siofra O’Leary, said “there is a clear legal obligation’’ under the European Convention on Human Rights (ECHR) for states to comply with the so-called Rule 39 interim measures.

A Rule 39 measure branded a pyjama injunction by critics because it can be issued outside normal court hours contributed to the 2022 grounding of the first flight.

The flight was intended to take asylum seekers to Rwanda under the government’s controversial scheme.

The new legislation going through parliament seeks to address the legal challenges that have dogged the scheme and states that ministers can ignore such rulings.

“There is a clear legal obligation under the convention for states to comply with Rule 39 measures,” Ms O’Leary told a press conference.

She said the interim measures were only issued in exceptional circumstances where there “is a real and imminent risk of irreparable harm.’’

Countries which have failed to comply with Rule 39 indications have previously been found to have violated obligations under Article 34 of the ECHR.

This gives individuals the right to apply to the court once domestic legal routes have been exhausted.

Ms O’Leary said the UK has always complied with Rule 39 measures, except in one very particular case.

This has publicly declared the need for other states to comply with Rule 39 indications urging Vladimir Putin of Russia to abide by a 2021 measure in relation to the release of opposition leader Alexei Navalny.

The Strasbourg court president would not be drawn on the Safety of Rwanda Bill while it went through the parliamentary process.

“I know there’s a very healthy debate in the United Kingdom relating to the content of the bill. It’s a country which is blessed with many, many international legal experts and a very active civil society.

“So I am sure that all of those issues can be fully examined,’’ she said.

In the Rwanda case in June 2022, the interim measure blocking an Iraqi asylum seeker being sent to the African state was granted just hours before the flight was due to take off.

Ms O’Leary said Rule 39 measures are almost always sought in “situations of urgency if not extreme urgency, and the nature of the urgency or the degree of urgency is something which respondent governments control.”

The interim injunction powers are rarely used.

In 2023, 13 requests were refused, and just one interim measure was granted.

The Rule 39 process is currently being reformed, and from December 2023, the duty judge issuing an interim measure would be identified.

It would also address one of the criticisms of the situation in the Rwanda case.

(dpa/NAN)