Resolution DH (99) 722

Concerning the judgment of the European Court of Human Rights of 23 June 1999 in the case of Laureano Santos against Portugal

(Adopted by the Committee of Ministers on 3 December 1999 at the 688th meeting of theMinisters’ 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 Laureano Santos case delivered on 23 June 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. 34139/96) against Portugal, lodged with the European Commission of Human Rights on 5 December 1996 under previous Article 25 of the Co n vention by Mr António Jos é Laureano 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 certain civil proceedings;

Whereas in its judgment of 23 June 1999 the Court, after having taken formal 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 Portugal would pay the applicant the sum of 600 000 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 so that it can 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 19 August 1999 the Government of the respondent state had paid the applicant the sum provided for in the friendly settlement;

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.