Resolution ResDH (2002)126 concerning the judgment of the European Court of Human Rights of 14 June 2001 (final on 14 September 2001) in the case of Santos and other against Portugal

(Adopted by the Committee of Ministers on 21 October 2002 at the 810th 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 Conve ntion”),

Having regard to the judgment of the European Court of Human Rights in the Santos and another case delivered on 14 June 2001 and transmitted to the Committee of Ministers once it had become final under Articles 44 and 46 of the Convention;

Recalling that the case originated in an application (No. 41598/98) against Portugal, lodged with the European Commission of Human Rights on 3 June 1998 under former Article 25 of the Convention by Mr Adelino Santos et Ms Aida da Conceição Santos, Portuguese nationals, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible their complaint concerning the excessive length of certain civil proceedings;

Whereas in its judgment of 14 June 2001 the Court, unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the government of the respondent state was to pay the applicants, within three months from the date at which the judgment became final, 1 400 000 Portuguese escudos in respect of non-pecuniary damage and that simple interest at an annual rate of 7% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the applicants’ claim for just satisfaction;

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

Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the judgment of 14 June 2001, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Convention to abide by it;

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 13 December 2001, within the time-limit set, the government of the respondent state had paid the applicants the sum provided for in the judgment of 14 June 2001,

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.