Resolution ResDH (2003)43 concerning the judgment of the European Court of Human Rights of 20 December 2001 in the case of Conçeicão Fernandes against Portugal

(Adopted by the Committee of Ministers on 24 February 2003 at the 827th 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 as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the case of Conçeicão Fernandes delivered on 20 December 2001 and transmitted on the same date to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 48960/99) against Portugal, lodged with the European Court of Human Rights on 15 June 1999 under Article 34 of the Convention by Mr Rui Conçeicão Fernandes and his wife Ms Edite Nunes Conçeicão Fernandes , Portuguese nationals, and that the Court declared admissible the complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 20 December 2001 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicants, 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;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of Portugal would pay the applicants the sum of 1 200 000 Portuguese escudos, i.e. 1 000 000 Portuguese escudos in respect of non-pecuniary damage and 200 000 Portuguese escudos in respect of costs and expenses;

Recalling that Rule 44, paragraph 2, of the Rules of the Court 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;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Court’s judgment had been sent out to the authorities directly concerned and that the question of the length of judicial proceedings was being examined in order to verify that such proceedings can be concluded within a reasonable time;

Having satisfied itself that on 17 April 2002, the government of the respondent state had paid the applicants the sums provided for in the friendly settlement, default interest included,

Declares, after having taken note of the information supplied by the Government of Portugal, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.