EU judges who blocked Rwanda flights could lose their anonymity

JUDGES who blocked deportation flights to Rwanda may no longer be able to remain anonymous under a review of European Court of Human Rights (ECHR) rules.

After a meeting with Rishi Sunak last week, Siofra O’leary, the ECHR president, has confirmed that the use of interim measures – Rule 39 judgements that were used to block the first Rwanda flight last year – are being reviewed.

The name of the judge who issued the Rule 39 edict halting the Rwanda flight last June has not been revealed and ministers have no idea who he is.

There was speculation that it was the Russian judge Mikhail Lobov but this was denied by the ECHR. This meant it could have been one of two Rule 39 duty judges: Peter Paczolay, Hungary’s appointment who was a former head of the office of Hungary’s president; and Carlo Ranzoni, from Liechtenstein.

The Prime Minister has described the Rule 39 orders as “opaque” and failing the “natural justice test” as there was no formal right of appeal against a decision by countries affected by the judgements. Legal experts predicted that the ECHR must accept that judges would have to be named and offer some form of review or appeal of the initial ruling, possibly by a panel of three judges.

“Anyone at the human rights court can see that present arrangements fall short of procedures that the court itself might well expect of a national justice system,” said one legal insider. Dominic Raab, when justice secretary, and Victoria Prentis, KC, the Attorney General, have already discussed UK proposals for reforms with the ECHR that would prevent Rule 39 injunctions being used arbitrarily and without representation from the UK Government.

The Government is also taking powers in the Illegal Migration Bill, giving Suella Braverman, the Home Secretary, the “discretion” to ignore Rule 39 orders.

Mr Sunak met Ms O’leary at a summit of the Council of Europe to make an appeal for changes to the court’s rules to prevent a repeat of the last-minute “Rule 39” injunction, where a single ECHR judge blocked the first deportation flight to Rwanda.