Resolution ResDH(2005) 119

concerning the judgment of the European Court of Human Rights of 21 December 2004 (Friendly settlement) in the case of Moreira Barbosa against Portugal

(Adopted by the Committee of Ministers on 14 December 2005 at the 948th 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 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Moreira Barbosa case delivered on 21 December 2004 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 65681/01) against Portugal, lodged with the European Court of Human Rights on 29 January 2001 under Article 34 of the Co n vention by Mr Joaquim Moreira Barbosa, a Portuguese national, and that the Court declared admissible the complaint concerning the excessive length of certain criminal proceedings which the applicant had joined as a civil party ;

Whereas in its judgment of 21 December 2004 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously to strike the case out of its list and took note of the parties ' undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Portugal would pay the applicant, the sums of 5 000 euros in respect of non-pecuniary damages and of 2 000 euros in respect of costs and expenses, within three months as from the notification of the judgment and that simple interest at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points shall be payable from the expiry of the above-mentioned three months until settlement;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2 of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 8 March 2005 within time-limit agreed to under the terms of the friendly settlement, the Government of the respondent state had paid the applicant the sums agreed in the friendly settlement ,

Recalling that, as regards the applicant ' s complaint declared admissible in this case, the Committee of Ministers is at present supervising the execution of several judgments of the Court (including Oliveira Modesto and other similar cases), finding a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of proceedings before the Portuguese civil and criminal courts;

Whereas, in this connection, the Portuguese authorities informed the Committee of Ministers that they were drafting and adopting new general measures in order to put an end to the serious problem of excessive length of proceedings, so as to prevent new violations similar to those already found;

Declares, after having examined the information supplied by the Government of Portugal, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.