resolution DH (2000) 12

CONCERNING THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 22 JULY 1999 (FINAL ON 22 OCTOBER 1999) IN THE CASE OF SANTOS 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 Santos case delivered on 22 July 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. 35586/97) against Portugal, lodged with the European Commission of Human Rights on 4 February 1997 under previous Article 25 of the Co n vention by Mr Cassiano Santos , 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 the criminal proceedings arising out of a criminal complaint as well as a compensation claim he had laid against a third party;

Whereas in its judgment of 22 July 1999 the Court unanimously:

- held that there had been a violation of Article 6, paragraph 1, of the Convention;

- held that the Government of the respondent State was to pay the applicant, within three months, 800 000 Portuguese escudos in respect of non-pecuniary damage;

- held that simple interest at an annual rate of 7% would be payable on this sum from the expiry of the above-mentioned three months until settlement;

- dismissed the remainder of the claim for just satisfa c tion;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Art i cle 54 of the Convention which are, for the time being, applicable by analogy to cases under Article 46, paragraph 2, of the Convention as amended by Protocol No. 11;

Having invited the Government of the respondent State to inform it of the mea s ures which had been taken in consequence of the judgment of 22 July 1999, having regard to Portugal’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by it;

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 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;

Having satisfied itself that on 5 November 1999, within the time-limit set, the Government of the respondent State had paid the a p plicant the sum provided for in the judgment of 22 July 1999,

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.