Resolution ResDH (2001)175 concerning the judgment of the European Court of Human Rights of 21 June 2001 in the case of Themudo Barata against Portugal

(Adopted by the Committee of Ministers on 17 December 2001 at the 775 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 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 Themudo Barata case delivered on 21 June 2001 and transmitted to the Committee of Ministers under Article 46 of the Convention; Recalling that the case originated in an application (No. 43575/98) against Portugal, lodged with the European Commission of Human Rights on 15 September 1998 under former Article 25 of the Convention by Mr José Manuel Miranda Themudo Barata , a Portuguese national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint concerning the excessive length of certain civil proceedings; Whereas in its judgment of 21 June 2001 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, upon notification of the judgement , the sums of 750 000 Portuguese escudos in respect of non-pecuniary damage and of 200 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 900 000 Portuguese escudos; 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; Having satisfied itself that on 28 August 2001, within the time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sums provided in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment, 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.