resolution DH (2000) 9

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 30 APRIL 1999 (FINAL ON 30 JULY 1999) IN THE CASE OF ANTUNES TOMÁS REBOCHO AGAINST PORTUGAL

(Adopted by the Committee of Ministers on 14 February 2000 at the 695th 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 judgment of the European Court of Human Rights in the Antunes Tomás Rebocho case delivered on 30 April 1999 and transmitted to the Committee of Ministers once it had become final under Article 44 of the Convention;

Recalling that the case originated in an application (No. 34562/97) against Portugal, lodged with the European Commission of Human Rights on 2 June 1996 under previous Article 25 of the Co n vention, by Mr Ernesto Antunes Tomás Rebocho , a Portuguese national, and that the Court, seized of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint relating to the excessive length of certain civil proceedings;

Whereas in its judgment of 30 April 1999 the Court, having taken 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;

Whereas under the above-mentioned friendly settlement it was agreed that the Government of the respondent State would pay the applicant the sum of 700 000 Portuguese escudos as non-pecuniary damage;

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 25 June 1999, the Government of the respondent State had paid the applicant the sum provided for in the friendly settlement;

Whereas the Government of the respondent State also recalled that measures had already been taken to avoid new violations of the same kind, notably through the adoption of an important reform of the Portuguese judicial system in order to speed up the examination of cases (see Resolution DH (95) 197 in the Dias das Almas case), and indicated that the Court’s judgment had been sent out to the authorities directly concerned,

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.