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CASE OF SANTOS SILVA AND 5 OTHER CASES AGAINST PORTUGAL

Doc ref: 52246/12;5340/11;56637/10;73798/13;78165/12 • ECHR ID: 001-167245

Document date: September 14, 2016

  • Inbound citations: 28
  • Cited paragraphs: 0
  • Outbound citations: 0

CASE OF SANTOS SILVA AND 5 OTHER CASES AGAINST PORTUGAL

Doc ref: 52246/12;5340/11;56637/10;73798/13;78165/12 • ECHR ID: 001-167245

Document date: September 14, 2016

Cited paragraphs only

Resolution CM/ ResDH (2016)226 Execution of the judgments of the European Court of Human Rights Five cases against Portugal

Application No.

Case

Judgment of

Final on

52246/12

SANTOS SILVA

30/04/2015

30/04/2015

5340/11

FERREIRA ALVES

02/04/2013

02/04/2013

56637/10+

SOCIEDADE DE CONSTRUÇÕES MARTINS & VIEIRA, LDA AND OTHERS

30/10/2014

30/01/2015

73798/13

VALADA MATOS DAS NEVES

29/10/2015

29/01/2016

78165/12

FERREIRA ALVES

30/04/2015

30/04/2015

(Adopted by the Committee of Ministers on 14 September 2016 at the 1264 th meeting of the Ministers ’ Deputies)

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 established which concern the excessive length of proceedings and the lack of effectiveness of a compensatory remedy available to victims of excessively lengthy proceedings (violations of Articles 6 and 13);

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;

Noting that the just satisfaction granted by the Court in these cases has been paid;

Recalling that the Committee of Ministers put an end to its supervision of the question of th e effective domestic remedy by F inal Resolution CM/ ResDH (2016)98 , adopted on 4 May 2016 within the framework of the group of cases Martins Castro and Alves Correia de Castro ;

Recalling also that the Committee continues to examine the issue of the excessive length of judicial proceedings within the framework of the Oliveira Modesto group;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

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

DECIDES to close the examination thereof.

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