Final resolution DH (2000) 8

HUMAN RIGHTS

APPLICATION No. 27329/95

WETTERGREN AND WESSMAN 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 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) 108, adopted on 18 January 1999 in the case of Wettergren and Wessman against Portugal, in which the Committee of Ministers decided that there had been in this case a violation of Article 6, paragraph 1, of the Convention due to the excessive length of certain proceedings concerning civil rights and obligations before the administrative courts, and 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 applicants, 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 Article 32, paragraph 2, of the Convention, that the Government of the respondent State was to pay each applicant as just satisfaction, within three months, 14 000 Swedish crowns in respect of non-pecuniary damage, 5 000 Swedish crowns and 50 000 Portuguese escudos in respect of costs and expenses, namely a total sum of 38 000 Swedish crowns and 100 000 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 applicants;

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 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 cases (see Resolution DH (95) 197 in the Dias das Almas case), 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 the Government of the respondent State had paid the applicants the total sum of 38 000 Swedish crowns and 100 000 Portuguese escudos as just satisfaction on 29 July 1999, within one month of the time-limit set and thus no default interest was due in accordance with the above-mentioned decision of the Committee of Ministers on 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 Article 32 of the Convention in this case.