Resolution CM/ ResDH ( 2021)94

Execution of the judgments of the European Court of Human Rights

Two cases against Portugal

(Adopted by the Committee of Ministers on 9 June 2021 at the 1406 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

63595/13+

MARQUES DE ALMEIDA AND GOMES ABRUNHOSA MARQUES DE ALMEIDA

13/12/2016

13/12/2016

67081/13

MATEUS PEREIRA DA SILVA

25/07/2017

25/07/2017

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of Articles 6, paragraph 1, and 13 of the Convention due to the excessive length of civil proceedings and the lack of an effective remedy, before 27 May 2014, to obtain redress on this account;

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

-

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the information provided by the government indicating the individual measures adopted to give effect to the judgments ( DH-DD(2020)952 ), and the information provided regarding the payment of the just satisfaction awarded by the Court;

Considering that the question of individual measures was resolved, given that the just satisfaction was paid to the applicants and the domestic proceedings at issue have been terminated;

Recalling that the question of general measures in relation to the excessive length of civil proceedings continues to be examined within the framework of the Vicente Cardoso group of cases and that the closure of these cases in no way prejudges the Committee ’ s evaluation of the general measures required;

Recalling also that the questions related to the absence of an effective remedy to obtain redress for the excessive length of court proceedings in Portugal were examined in the context of the supervision of the Martins Castro and Alves Correia de Castro group of cases (Final Resolution CM/ ResDH (2016)98 );

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.