Resolution ResDH(2000)150

concerning the judgment of the European Court of Human Rights of 23 March 2000 in the case of Velho da Costa de Abreu Rocha and Tito de Morais against Portugal

(Adopted by the Committee of Ministers on 18 December 2000 at the 732 nd 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 Velho da Costa de Abreu Rocha and Tito de Morais case delivered on 23 March 2000 and transmitted to the Committee of Ministers on the same date under Article 46 of the Convention;

Recalling that the case originated in two applications (Nos. 33436/96 and 33475/96) against Portugal, lodged with the European Commission of Human Rights respectively on 20 and 26 July 1996 under Article 25 of the unamended Co n vention by Mr Armando José Velho da Costa de Abreu Rocha and Mr João Manuel Mealha Tito de Morais , two Portuguese nationals, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible their complaint of the excessive length of certain proceedings concerning civil rights and obligations before the Supreme Administrative Court;

Whereas in its judgment of 23 March 2000 the Court, after having taken formal note of a friendly settlement reached by the Government of the respondent State and the applicant s , 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, as soon as the judgment is notified, the sum of 1 000 000 Portuguese escudos in respect of non-pecuniary damage to each applicant, and a global sum of 300 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 2 300 000 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 previous Article 54 which are, for the time being, applicable by analogy to cases transmitted to it under Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 14 June 2000, the Government of the respondent State had paid the applicant s the sums provided for 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 exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.