Final Resolution ResDH (2002)80 Human Rights Application No. 34117/96 C.P.M. and M.O.R.M. against Portugal

(Adopted by the Committee of Ministers on 24 June 2002 at the 798th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of former Article 32 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to Interim Resolution DH (99) 432, adopted on 9 June 1999 in the case of C.P.M. and M.O.R.M. against Portugal, in which the Committee of Ministers decided that there had been a violation of Article 6, paragraph 1, of the Convention on account of the excessive length of certain civil proceedings, and to make public the report of the European Commission of Human Rights;

Whereas the Committee of Ministers examined the proposals made by the Commission when transmitting its report as regards just satisfaction to be awarded to the applicants, proposals supplemented by a letter of the President of the Commission dated 30 March 1999;

Whereas at the 672nd meeting of the Ministers’ Deputies, the Committee of Ministers, agreeing with the Commission’s proposals, held by a decision adopted on 9 June 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the government of the respondent state was to pay to each applicant as just satisfaction, within three months, 400 000 Portuguese escudos in respect of non-pecuniary damage and 100 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 1 000 000 Portuguese escudos, and that interest should be payable on any unpaid sum, calculated on the basis of each full elapsed month of delay at the statutory rate applicable on the date of this decision, it being understood that the interest would accrue from the expiry of the time-limit until full payment was placed at the disposal of the applicants;

Whereas the Committee of Ministers invited the government of the respondent state to inform it of the measures taken following its decisions of 9 June 1999, having regard to Portugal’s obligation under former Article 32, paragraph 4, of the Convention to abide by them, in particular by putting an end to the violations found and to redress their effects as far as possible;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state indicated that the Commission’s report 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;

Noting with satisfaction that, as regards the applicants’ individual situation, the government of the respondent state, in order to speed up the proceedings, which were pending before the national courts by the time the Commission’s report was adopted, reached a friendly settlement on 19 April 1999 putting and end to the proceedings;

Whereas the Committee of Ministers satisfied itself that on 13 October 1999, the government of the respondent state had paid the applicants the total sum of 1 004 890 Portuguese escudos as just satisfaction, including the default interest due,

Declares, after having taken note of the measures taken by the Government of Portugal, that it has exercised its functions under former Article 32 of the Convention in this case.