Final Resolution ResDH(2000)127

Human Rights

Application No. 31674/96

Da Silva e Sousa against Portugal

(Adopted by the Committee of Ministers on 2 October 2000 at the 721st 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) 107, adopted on 18 January 1999 in the case of Da Silva e Sousa 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, authorised 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 applicant, proposals supplemented by a letter of the President of the Commission dated 18 November 1998;

Whereas at the 666th meeting of the Ministers’ Deputies, the Committee of Ministers, agre e ing with the Commission’s proposals, held by a decision adopted on 15 April 1999, in accordance with former Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay the applicant as just satisfaction, within three months, 750 000 Portuguese escudos in respect of non-pecuniary damage and 200 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 950 000 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 applicant;

Whereas the Committee of Ministers invited the Government of the respondent State to inform it of the measures taken following its decisions of 18 January 1999 and 15 April 1999, having regard to Portugal’s obligation under former Article 32, paragraph 4, of the Convention to abide by them;

Whereas during the examination of the case by the Committee of Ministers, the Government of the respondent State recalled that measures had already been taken to avoid new violations of the same kind as the one found in this case, notably through the adoption of an important reform of the Portuguese judicial system in order to speed up the examination of the cases (see Resolution DH (95) 197 in the Dias das Almas case against Portugal), and indicated that the Commission’s report as well as the Committee of Ministers’ decisions had been sent out to the authorities directly concerned;

Whereas the Committee of Ministers satisfied itself that on 13 July 1999, within the time-limit set, the Government of the respondent State had paid the applicant the total sum of 950 000 Portuguese escudos as just satisfaction,

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